My story is the ending of a story that occurred in April 2006… almost three years ago. On the 26th of April in 2006, Dustin Dibble left the bar after watching a hockey game with friends. With a blood alcohol level of .18, Dibble decided that driving home would not be the best option and started to walk. For many of us, walking while intoxicated sometimes proves to be a more difficult task than we expect it to be, and that rang true for Dustin Dibble that night.
After the hockey game was over Dustin stumbled into the path of an oncoming train in downtown Manhattan. The N Train on the Subway hit Dustin and severed his right leg.
This is where the story gets good.
The other day, a Manhattan Jury awarded Dustin Dibble 2.33 million dollars. According to Dibble’s Lawyer the NYC Transit should be held responsible for the accident rather than Dibble. The subway driver allegedly had time to stop the train but did not because he believed Dibble to be an inert object. Perhaps Dibble passed out on the train tracks?
According to Dibbles lawyer, Andrew Smiley (are you loving these names? I know I am) “They (the NYC Transit) are trained to be able to look out for people on the tracks ... and people are known to be intoxicated by night”. Dibble’s lawyer, in other words, suggests that Dibble should not be held accountable for any part of the accident and that it is the NYC Transit that is responsible.
The jury on Dibbles case did not agree completely. 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… ohhh big deal. The guy still has 2.33 million bucks.
What do you think? Technically, the guy did get hit by a train, BUT technically the guy passed out with a blood alcohol level of .18 in front of the train. I think that he probably should have got some compensation for the accident considering the person driving the train didn’t slow down and he did lose a leg in the process, but 2.33 million dollars? I guess I think that is a lot. The MTA (Metropolitan Transportation Authority) apparantly agrees. They plan to appeal the decision.
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Wow, what an interesting story. I am not a professional driver, but I do drive very defensively and look for other cars or even pedestrians. However, if someone popped up in the middle of nowhere and I accidently hit him, I know I wouldn't want to get sued. Though, on the other hand, if the train driver DID see him but didn't slow down anyway, then yes, Dibbles should've been compensated.
ReplyDeleteYou know the ironic thing is that usually it's the drunk driver hitting the sober person who gets sued; this time it's the other way around...
I find that story unbelievable and that this guy got all this money stupid. Alright, he lost his leg, but HE was the one who had been drinking all night. That is not the fault of the subway driver. Yes, some compensation would be nice, because it was a public mode of transportation that was involved in the accident, but $2.33 million is too much. Even if the subway driver had time to slow down, how much would that have helped. Dibbles is lucky he is not dead. But the thing that I think is funny: He was in Ney York! Why didn't Dibbles just call a taxi?
ReplyDeleteI do agree that is a lot of money being given to Dibbles. I think that since he passed out on the tracks because of being intoxicated that this situation was partially his fault. As for the train driver, that stinks to be in his shoes since it was proven that he could have slowed down, but I guess it was probably not the first thing on his mind to be looking for someone passed out on the tracks. Dibbles is lucky that losing his leg was the only thing that happened to him. About two years ago I had a friend who was struck by a train while walking home from a bar and unfortunately was not as lucky as Dibbles. There is no doubt that trains tracks can be very dangerous.
ReplyDeleteWhen I read stories about people who do irresponsible things that cause someone else to hurt them, sue that person, and get millions I am totally appalled. We are so sue happy in the U.S. We don’t take responsibility – we’re just looking for the easy buck. I’ve known people who are always working the system for insurance claims and end up with whatever they ask for. And then there are those of us who don’t and never get a break. Where is the justice! I’m not saying I agree or disagree with this judgment, I’m just tired of the whole process that eventually lends itself back to us hard working people paying the buck to take care of everyone.
ReplyDeleteSam,
ReplyDeleteI completely disagree with the judge’s ruling! I personally feel that all fault lies with Dibble. The train tracks aren’t a road! You’re not supposed to go wander around on them. Do cars get compensation when they try to beat the train and end up getting hit, no! The amount of money he received was even more ridiculous than the lawsuit itself. I’m sure the subway driver didn’t purposely hit Dibble, and even if he had time to stop why would he be on the lookout for a person laying on the tracks anyway?