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THE COURIER/Photo by Cristabelle Tumola
THE COURIER/Photo by Cristabelle Tumola
The West 49th Street and 7th Avenue station where subway train fatally struck Elmhurst resident Ki Suck Han last December.

Four months after her father was fatally pushed onto the subway tracks, Ashley Han has filed a lawsuit against the MTA.

Ki Suck Han, 58, was struck by a Brooklyn bound R train last December at the West 49th Street and 7th Avenue station after suspect Naeem Davis, 30, allegedly shoved him following an altercation.

“We believe that the Transit Authority must be held accountable for their actions,” said Han’s lawyer, Michael Kremins.

Kremins said that the Elmhurst man’s death could have easily been avoided if the motorman of the train had simply been paying attention.

“Their only job is to look forward and see what there is to be seen,” he said. “All you have to do is push a button to stop a train. It’s not even driving a car.”

Kremins also said that the family is still in the grieving process, and along with receiving justice, they hope to shed light on the actions of the MTA and the dangers of subway pushing.

“You can’t pick up a newspaper or turn on the television without seeing some other poor person who has been injured in the subway system,” said Kremins.

Han filed suit in Manhattan Supreme Court on Friday, March 29.

Davis was charged with intentional murder in the second degree and depraved indifference murder in the second degree, said police.

“It’s a tragedy,” said Kremins, “especially given the fact that this man didn’t have to die.”

The lawyer trusts that the Transit Authority will do a comprehensive investigation, as they typically do when someone is injured. At the end, he hopes he, Han and her mother will get a clear story as to why the “unfortunate occurrence” happened.

The Han family is seeking reimbursement for funeral expenses, but more so, they want peace of mind.

“It’s a wrongful death,” said Kremins, “it’s a conscious pain and suffering. They’re going through a very difficult time.”

The MTA declined to comment.

-With additional reporting by Melissa Chan

 

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