An appellate court in Illinois has ruled in a bizarre negligence cash in Chicago.

In 2008, Gayane Zokhrabov was minding her own business waiting for at the Chicago Metra train station to obviously catch a train.

What she caught was an entirely different matter.

Hiroyuki Joho, 18, was moving quickly thorough the rain that was falling that day with an umbrella over his head also trying to catch a train.  Unfortunately the train caught him.  He wandered too close to the tracks and was struck and killed instantly with parts of his body thrown in all directions.

The largest part of his body struck Zokhrabov.  She broke a leg and wrist and also injured her shoulder.

She and her attorney's have decided that the dead man is responsible for her injuries due to negligence and have sued his estate.

The initial case was dismissed.  However an appellate court has ruled in favor of the appeal.  Noting that although case law involving "flying bodies" is sparse the case does meet the threshold for trial.

For more see this source article.