Drunk man run over by train awarded $2.3 million

[christx30]

Source: CNN.com

NEW YORK (CNN) -- A Manhattan jury awarded $2.33 million to a man who lost his leg after drunkenly stumbling onto the path of an oncoming subway train.
Dustin Dibble fell on New York subway tracks, was hit by a train and had his leg severed in 2006.
Dustin Dibble, 25, landed in the subway tracks after a late night watching a hockey game at a bar with friends April 23, 2006. A downtown N train ran over him, severing his right leg.

According to Dibble's lawyer, Andrew Smiley, NYC Transit rather than Dibble bore primary responsibility for the accident because the subway driver had time to stop the train but did not. Smiley added that Dibble's drunkenness did not excuse the driver, who said in a court deposition that he mistook Dibble for an inert object.

"They don't get a free pass as to why the person was on the tracks. They are trained to be able to look out for people on the tracks ... and people are known to be intoxicated by night," the lawyer said.
Dibble's blood-alcohol level at the time of the accident was .18, according to his lawyer, more than twice the legal limit had he been behind the wheel of a car.
The jury ruled Tuesday that Dibble was 35 percent responsible for the accident, so his monetary compensation was also reduced by 35 percent -- from $3,594,943 to $2,336,713.

The deficit-plagued MTA plans to appeal the decision, according to spokesman James Anyansi.


Read more: http://www.cnn.com/2009/US/02/18/drunk.amputee.payout/index.html

[murielm99]

1. Dustin Dibble.

Hmmmm.

[depakid]

2. "the subway driver had time to stop the train but did not."

the driver, said in a court deposition that he mistook Dibble for an inert object.

"They don't get a free pass as to why the person was on the tracks."

Seems that's what the jury found- and that's why they awarded damages.

[Jeep789]

3. Inert Object Or Human?

I have the same problem at work sometimes.

[Numba6]

4. huh... guess there's one way to recover my pension fund...

[truthisfreedom]

5. I wonder how many passengers would have been injured by slamming on the brakes?

Was that looked at?

[DRoseDARs]

6. Dibble's lawyer would probably demand money out of them too...

...and the jury would find them individually 5 to 7 percent responsible for the accident.

[midnight]

7. Drunk or not, people should not be run over by our trains.

[Lost in CT]

8. There is a surprisingly simple solution to that...stay off the tracks. nt

[MicaelS]

9. Drunk or not, people should not be on train tracks....

Unless they are a railway employee.

[madmom]

10. Around here you can be arrested for being drunk in public.

[christx30]

11. The question is...

If Dibble had been driving drunk rather than walking drunk, and he plowed into a person, would the jury find that the tree was 35% responsible for the accident? "Well, the guy didn't move even though he saw the car."
What happened to Dibble was bad, but how is it the fault of the New York Transit system? What should the transit system do to prevent accidents like this? Annoying guard rails or walls between the platform and the track? Trains moving at 5 miles per hour with a guy walking in front of it keeping an eye out for people on the tracks? Anyone know how fast those trains go? Can they stop on a dime? Any safety measures that could be put in place would simply slow down the city and annoy millions, with no real benefit except in rare instances like this. Would it be worth it?
Another thing, how is it the fault of anyone but Dibble what he does when he is drunk? I know these days we hold the bar or host responsible when someone dies in a drunk driving accident. But we also hold the drinker responsible for his or her actions. This guy shouldn't have gotten anything for it. He was a danger to himself and others by getting so drunk that he couldn't even see where the platform ended.

[KillCapitalism]

12. Man, I need to go play on some train tracks!

Question is: If I get drunk enough will it still hurt? :rofl:

[MMsteezycheeze]

13. Wow

LMAO am i the only one who is thinking:
HOW THE HELL DID HE SUVIVE GETTIG HIT BY A TRAIN

jw thats all


EDIT: what i meant was he is one lucky mutha fucka