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.
The drunk’s lawyer. His name is Smiley.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.
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.
In my neck of the prairie, drunks pass out on railroad tracks with some frequency. Seems like every month or two, somewhere along the East-West rail corridor through New Mexico a drunk is killed or grievously injured – walking on the tracks, sleeping on the tracks, sitting on the train tracks.
Haven’t heard of a jury here yet that rewarded the drunk.
Lose a leg for 2.33 mil? Would you?
Also I want to know the circumstances behind “had enough time to stop” and “Thought it(he) was an object” rather then a person.
I have a good friend who lost a leg in an accident, and I can say that I wouldn’t give up a limb for any amount of money. I would assume that the drunk had to be trespassing in order to get run over by the train.
Too bad he didn’t die so he couldn’t sue.
#1 – I worked in a foundry 15 years ago. There was a young guy (in his 20’s) who lost a finger and received $10,000. Within a year he ‘lost’ another finger, received the same compensation and bragged about losing one more that would pay off his mobile home.
….and he did.
Some people are stupid.
I heard that it has been so cold in New York that an attorney was seen with his hands in his own pockets….(insert rim shot sound)
There has only been one way, and only way to create wealth since the beginning of history.
Exploitation.
Exploitation– it’s noble. Mr. Smiley is a hero.
So what? Government does NOTHING but steal from us every minute of every day. Why you IDIOTS would bother to defend a city, is beyond me.
Personally, I’m glad to see a citizen steal back from the government whenever possible.
$ocrates said, on February 19th, 2009 at 7:37 am
There has only been one way, and only way to create wealth since the beginning of history.
Exploitation.
Exploitation– it’s noble. Mr. Smiley is a hero.
At least somebody else gets it.
Bah, no douchebag deserves that kind of money for something he did.
# 6 $ocrates said, “There has only been one way, and only way to create wealth since the beginning of history.”
Really? The guy who paints great pictures and sells them for a lot of $ is exploiting someone?
Remember, switch brain on before posting…
#10,
Of course. Haven’t you seen the garbage that goes for art these day? Have you gone to the museums in cosmopolitan cities?
I can vomit on canvas and it would probably sell for millions.
Most of the art world today exploits people’s dreams of being part of higher society.
My brain has no switch. It is always in reality.
#11 You still haven’t explained how a good artist that sells to willing buyers is exploiting anyone. Switch brain on and try again.
What this article doesn’t say, but you can bet is true, is:
“The jury awarded Mr. Dibble with $2.33 million. Smiley, Mr. Dibble’s lawyer, then received his fee of 2.3 Million, leaving Mr. Dibble with enough to pay his bar tab and a bad taste in his mouth”.
#13,
The dealer, man, the dealer!
Just like you and me are being exploited by the dealer of this blog. Nothing wrong with that actually. He’s bringing us together. And for that he makes money.
Dude, I’m gonna write a book, Common $ense, so you get it.
# 14 $ocrates said, “The dealer, man, the dealer!”
What dealer? Direct sale. Okay, brain on or I won’t respond.
Drunk, smunk! There’s no excuse for being on railroad tracks.
The problem here is that the train engineer didn’t back up and hit him again to make sure he was dead. And that all the riders on the train didn’t sue Dibble for delaying their trip.
Why is that third rail so far away when you need it?
Oh, and is it just me or does that lawyer look like he’d be good at the Howie Mandel rubber glove over the head routine?
He probably thought of suing the bar for serving him too much booze. Then Smiley figured the city would cough up more $.
NYC lost a lawsuit on similar grounds – the train operator should have stopped in time – in the case of a guy who JUMPED ON THE TRACKS TO COMMIT SUICIDE!
I guess New York juries think trains should be able stop instantly and have human catchers.
#13 – “The jury awarded Mr. Dibble with $2.33 million. Smiley, Mr. Dibble’s lawyer, then received his fee of 2.3 Million, leaving Mr. Dibble with enough to pay his bar tab and a bad taste in his mouth”.
Nah. Most likely the case was taken on a 40% contingency, which is only $930,000, which leaves Mr. Dibble 1.4 million. Of course, he’ll have to pay tax on that, so say about $800,000 will he actually see.
(And you wonder why people go to law school.)
Anybody read the intro?
Evidently the subway train (not a heavy freight locomotive) did have time to stop, the trainman saw him but thought our victim was “an inert object.”
Just recognize the main driver of this award is lack of medical coverage otherwise==just another example of how universal healthcare can be provided and save money over what is spent to day==fraud, abuse, waste, lawsuit avoidance all provide significant (30% of todays expenses) savings.
But that will require “change.”
#12 Paddy,
Damien Hirst and his preserved animals sold for an obscene price. ’nuff said.
The driver had time to stop. He didn’t. That counts as willful negligence which is why the jury awarded actual damages and punitive damages.
He was also dinged for 35% his own fault. The original settlement was $3.6 million.
I do not agree with the court ruling, but I’ve always thought that railroads as we know them should simply not exist anymore. They’re way too dangerous, they are the stage of hundreds if not thousands of horrible accidents every year. I think it’s an obviously flawed concept that we as a civilization still keep just because it’s comparatively cheap.
The drunks on the jury no doubt forgot they and their families are going to provide the drunk with the money.