Comments on: Drunken totter into subway train’s path: $2.3 million https://www.overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/ Chronicling the high cost of our legal system Mon, 16 Mar 2009 08:19:25 +0000 hourly 1 By: New York Injury Cases Blog https://www.overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-42785 Mon, 16 Mar 2009 08:19:25 +0000 http://overlawyered.com/?p=9201#comment-42785 Different Juries Rule on Same Case with Same Injuries – 1st Jury Awards $575,000 for Pain and Suffering, 2nd Jury only $22,000. Why?…

In a case involving a pedestrian struck by a bus, there were two trials with two different juries. The plaintiff sustained elbow and foot fractures and in the first case her pain and suffering verdict was $575,000 but in the……

]]> By: Dirk D https://www.overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40827 Sat, 21 Feb 2009 22:17:43 +0000 http://overlawyered.com/?p=9201#comment-40827 “If the conductor saw him on the tracks and activated the emergency sto brakes and a assenger on the train was injured as a result of the sudden sto, who is liable?”

Google: comparative negligence

Everyone who a jury determines to have acted negligently ( ie being on the tracks = negligence, braking too hard could = negligence, not being seated properly on the train could = negligence) , though in reality only the train authority ( their insurance co, really) will pay. Tort law doesn’t concern itself wish logic or common sense.

]]> By: Steve https://www.overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40813 Sat, 21 Feb 2009 17:22:30 +0000 http://overlawyered.com/?p=9201#comment-40813 I’m not an attorney, but the story got me thinking: If the conductor saw him on the tracks and activated the emergency sto brakes and a assenger on the train was injured as a result of the sudden sto, who is liable?

]]> By: Todd Rogers https://www.overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40771 Sat, 21 Feb 2009 00:33:10 +0000 http://overlawyered.com/?p=9201#comment-40771 This clown should have doubled-down and tried to urinate on the conduits. Bad for sex life good for wallet…you decide.

]]> By: Bill Poser https://www.overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40770 Fri, 20 Feb 2009 23:02:01 +0000 http://overlawyered.com/?p=9201#comment-40770 Out of curiosity, suppose that the conductor had activated the emergency brake when he saw what turned out to be Dibbie on the tracks: would the train have stopped in time? According to the news reports, he was 60 yards away at the time. I would think that wouldn’t be enough time to stop a train unless it was already going rather slowly.

]]> By: Rbastid https://www.overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40744 Fri, 20 Feb 2009 16:28:45 +0000 http://overlawyered.com/?p=9201#comment-40744 This reminds me of the case about 10 years ago where someone tried to kill themselves by jumping infront of a train here in NYC. She won millions, but it was decided she was 70% at fault and the NYC transit was 30% at fault (or something along those lines)

Pretty sure if you jump infront of a train your somewhere near 115% at fault.

]]> By: Bob Lipton https://www.overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40707 Fri, 20 Feb 2009 02:20:58 +0000 http://overlawyered.com/?p=9201#comment-40707 Well, it’s a living, I suppose.

Bob

]]> By: Todd Rogers https://www.overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40706 Fri, 20 Feb 2009 01:49:55 +0000 http://overlawyered.com/?p=9201#comment-40706 Wow. This one has me thinking. Would I willfully give up a half-leg for a couple of mill?

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