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Thursday, March 12, 2009
Wrongful Death in NY Subway Accident
In 2006 an intoxicated Dustin Dibble stumbled onto subway tracks, falling into the path of a Manhattan subway. The subway driver failed to stop, severing Dibble’s right leg as the subway ran over him.
Dibble was awarded just under $3.6 million in a jury decision this week. However, since the jury also found that despite his intoxication, Dibble was only 35% responsible for the accident, they reduced the settlement to 65% of the award.
The subway driver neglected to even try to stop because he said he thought that Dibble was just garbage on the tracks and not a person. Dibble’s attorney stressed that the NYC Transit was more responsible for the accident than his client because the subway driver did have time to stop. Apparently, the jury agreed.
Subway drivers are trained to look for people on the tracks and are aware that people are often intoxicated at nighttime. Professionals are trained to carry out their duties safely, anticipating and recognizing abnormal situations. Employers are responsible for the actions of their employees. And while individuals have a responsibility for their own safety, sometimes that responsibility is shared.
The personal injury attorneys at The Cochran Firm are experienced in investigating cases of personal injury and premises liability. With offices nationwide and resources that include some of the finest expert witnesses, we are ready to help you get the settlement that you deserve. Please contact the experienced personal injury attorneys at The Cochran Firm in San Francisco, California to learn more. With offices in major cities across the United States, we can schedule a consultation with one of our many experienced personal injury attorneys.
Dibble was awarded just under $3.6 million in a jury decision this week. However, since the jury also found that despite his intoxication, Dibble was only 35% responsible for the accident, they reduced the settlement to 65% of the award.
The subway driver neglected to even try to stop because he said he thought that Dibble was just garbage on the tracks and not a person. Dibble’s attorney stressed that the NYC Transit was more responsible for the accident than his client because the subway driver did have time to stop. Apparently, the jury agreed.
Subway drivers are trained to look for people on the tracks and are aware that people are often intoxicated at nighttime. Professionals are trained to carry out their duties safely, anticipating and recognizing abnormal situations. Employers are responsible for the actions of their employees. And while individuals have a responsibility for their own safety, sometimes that responsibility is shared.
The personal injury attorneys at The Cochran Firm are experienced in investigating cases of personal injury and premises liability. With offices nationwide and resources that include some of the finest expert witnesses, we are ready to help you get the settlement that you deserve. Please contact the experienced personal injury attorneys at The Cochran Firm in San Francisco, California to learn more. With offices in major cities across the United States, we can schedule a consultation with one of our many experienced personal injury attorneys.
Labels: San Francisco
posted by Anonymous at 7:55 AM
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