Flying Body Case

In 2008, Hiroyuki Joho, 18, was hurrying in pouring rain with an umbrella over his head, trying to catch an inbound Metra train due to arrive in about five minutes when he was struck by a southbound Amtrak train traveling more than 70 mph.”

The collision killed Mr. Joho and sent a large portion of his body flying.  The Chicago Tribune, reports that an appeals court recently reversed a lower court and ruled that the estate of Mr. Joho can be liable for the injuries caused by his flying body part.

A state 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.

Though the decision is from an intermediate appellate court, and though the facts don’t apply too many other situations, this case has been picked up everywhere, e.g. Gawker, MSNBC.  It even has received international attention, i.e., The Austrailian.  It is the kind of case that might even be the topic of conversation at a New Year’s Eve Party.

I’m not sure what this means.  But, at the very least, it appears that people can’t get enough of gory, creepy and/or just plain bizarre stuff.  And that is great news for this blog.

Photo Credit: Mike Knell

Here is a link to the opinion (via @loweringthebar)


~ by siouxsielaw on December 31, 2011.

2 Responses to “Flying Body Case”

  1. LOL. I almost spit out my coffee. 🙂

  2. Disturbing. I’ll admit I am biased as I have an 18 year old son.

    18 is still a kid and to lose his life so tragically is terrible but to sue his estate is heinous. If is not as if he was trying to commit suicide; if it was raining hard and he was running to catch a train he probably never saw it coming, therefore it would not be foreseeable.

    I can’t imagine at 18 that he would have much of an “estate” – even if the lady won her case, what will she gain if he had little to no assets? It just seems like it is adding insult to injuries the boy’s parents. I guess she hoping the parent’s win their suit against the railroad.

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