- The family of Ki Suck Han sues New York's transit authority for unspecified amount
- The agency did not make "proper and adequate use" of the train's brakes, the lawsuit says
- Han was pushed onto subway tracks and hit by a train in December
- A homeless man was charged with second-degree murder in his death
The family of a man killed by a New York City subway train after being shoved onto the tracks in December is suing the city's transit authority, according to court documents obtained Sunday.
The lawsuit, filed on behalf of 58-year-old Ki Suck Han's daughter Ashley Han, accuses the Metropolitan Transit Authority of negligence and of failing to make "proper and adequate use" of the train's brakes, thus allowing the train to "strike and run over" Ki Suck Han.
The family is asking for an unspecified amount in damages, alleging that Ki Suck Han suffered from "fear of impending death, conscious pain and suffering, emotional distress, mental anguish, medical and other expenses."
Asked about the lawsuit, an MTA spokesperson said via e-mail, "We do not comment on pending litigation."
CNN's attempts to reach the Han family have been unsuccessful.
Han's death made national headlines after a photo in the New York Post showed Han desperately clawing at a subway platform after being pushed onto the tracks by a man with whom he had been arguing.
Naeem Davis, 30, a homeless man, has been charged with second-degree murder in Han's death.