An Illinois court recently upheld a woman’s right to sue the estate of a dead teenager. The woman was purportedly injured by the flying dismembered body part(s) of the teen who was hit by an Amtrak train. The plaintiff sustained a broken leg and wrist and injured shoulder after being knocked down by a sizable chunk of teen’s body.
While the court noted that case law on “flying bodies” is sparse, it stated that it was “reasonably foreseeable” that the high speed train would kill the teen and hurl his remains into the crowd on the train platform. Allegedly, 18 year old Hiroyuki Joho was running across a set of tracks to catch an inbound commuter train, when he was struck and killed by an Amtrak train going about 70 mph in the other direction.
While it is true that is Texas you can under certain circumstance sue the estate of a deceased person for negligence, there is no telling how a Texas judge would rule under these circumstances.
Have you been injured in an accident? The Wright Firm may be able to help you! Attorney Andrew Sher, “of counsel” to The Wright Firm, handles a variety of personal injury cases. Give our office a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.
Original Chicago Tribune article can be found here: http://articles.chicagotribune.com/2011-12-29/news/ct-met-train-fatality-suit-20111229_1_amtrak-train-high-speed-train-metra-train
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