Can you imagine being crushed 167 times by a platform extender and surviving? That’s exactly what happened to one man in 2010 when he was caught between the automatic platform extender and a subway train. As we mentioned in our 2011 blog, it was a full half hour before any subway workers were able to free Michael. Michael Dion’s life would never be the same. According to news reports, Michael suffered fractures to both sides of his pelvis and damages to his internal organs as well as massive internal bleeding. The amount of pain and suffering must have been unreal.
Although the jury awarded 10 million to Dion, the City Transit Authority is going to ask for the judge to reduce the verdict. The Transit Authority claims the jury didn’t apportion any blame to Dion, who’d admitted he had been drinking before the fall. According to Dion’s attorney, the jury didn’t believe that alcohol had anything to do with Michael Dion’s injuries.
According to Neal Goldstein, Partner at Goldstein and Bashner, “It will be interesting to see what the judge decides. It could go either way. The fact that the jury believes alcohol did not cause Michael to injure himself will certainly help. Even if a small portion of blame is put on Mr. Dion, he would still walk away with a large settlement. NY is a pure comparative negligence state, meaning even if the judge finds Mr. Dion 10% at fault, he’d still receive 9 million dollars.“
Goldstein and Bashner represents railroad and subway injury cases throughout New York City and Long Island. If you’ve been injured and think you have a case, contact our expert lawyers for a free consultation. We’ll sit down with you to discuss your case, guide to you through the legal process, and answer any questions you have. Call us today at 516-217-9097.