New York ( CNN ) -- 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 . Newspaper takes heat over haunting subway photo .
The family of Ki Suck Han sues New York 's transit authority for unspecified amount . Score: 6 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 .