Nel 2008 il 18-enne Hiroyuki Joho correva sorridendo nella pioggia per non perdere il treno in una stazione di Chicago quando fu investito a morte da un altro treno e una grossa porzione del suo corpo scaraventata oltre 30 metri su un'altra piattaforma, dove colpì la 58-enne Gayane Zokhrabov causanedole fratture a una gamba e un polso. Ora la corte d'appello ha rovesciato il primo verdetto e stabilito che era ragionevolmente prevedibile che un corpo volante potesse causare danni ad altri passeggeri e pertanto Joho deve essere considerato responsabile della propria negligenza e stupidità.
Man killed by train can be held liable after his body flew into a bystander, court rules. Ruling in what it called a "tragically bizarre" case, an appeals court found that a man killed by a train while crossing the tracks at a Metra station can be held responsible after a part of his body sent airborne by the collision struck and injured a bystander. In 2008, Hiroyuki Joho, 18, was hurrying in the pouring rain with an umbrella over his head, trying to catch an inbound Metra train at the Edgebrook station that was due to arrive in about five minutes when he was struck by a southbound Amtrak train traveling at more than 70 mph. Several witnesses said he was smiling at them as the train hit him. A large portion of his body was thrown about 100 feet onto the southbound platform, where it struck Gayane Zokhrabov, then 58, who was waiting to catch the 8:17 a.m. train to work. She was knocked to the ground, her leg and wrist broken and her shoulder injured. A Cook County judge dismissed Zokhrabov's lawsuit against Joho's estate, finding that Joho could not have anticipated Zokhrabov's injuries. 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... Chicago Tribune
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