The appeals court in question ruled that a man killed by a train while crossing the tracks can be held liable for the injuries caused by his flying body parts.
The word "Kafkaesque" comes to mind.
Back in 2008 Hiroyuki Joho was hurrying in the pouring rain to catch the inbound Metra train in Chicago that was due in about five minutes when he was struck by a southbound Amtrak travelling at over 70mph.
A large portion of his body was thrown about 100 feet, striking and injuring one Gatane Zokhrabov, who sustained a broken leg and wrist as a result.
A Cook county judge dismissed the suit filed by the injured bystander, finding that Joho could not have anticipated her injuries from his flying body parts. The appeals court, after noting that the case law involving "flying bodies" is sparse, has disagreed, ruling that "it was reasonably foreseeable" that the high-speed train would kill Joho and fling his body down the tracks toward a platform where people were waiting.
Leslie Rosen, who handled Zokhrabov's appeal, said while the circumstances of the case were "very peculiar and gory and creepy," it ultimately was a straightforward negligence case, no different than if a train passenger had been injured after the engineer hit the brakes.
"If you do something as stupid as this guy did you have to be responsible for what comes from it," she said.
More at syracuse.com
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