Comments on: Drunken totter into subway train’s path: $2.3 million http://overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/?utm_source=rss&utm_medium=rss&utm_campaign=drunken-totter-into-subway-trains-path-23-million Chronicling the high cost of our legal system Sun, 27 May 2012 16:39:29 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: New York Injury Cases Blog http://overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-42785 New York Injury Cases Blog Mon, 16 Mar 2009 08:19:25 +0000 http://overlawyered.com/?p=9201#comment-42785 <strong>Different Juries Rule on Same Case with Same Injuries - 1st Jury Awards $575,000 for Pain and Suffering, 2nd Jury only $22,000. Why?...</strong> 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...... 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 http://overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40827 Dirk D 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. “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 http://overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40813 Steve 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? 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 http://overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40771 Todd Rogers 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. 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 http://overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40770 Bill Poser 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. 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 http://overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40744 Rbastid 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. 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 http://overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40707 Bob Lipton Fri, 20 Feb 2009 02:20:58 +0000 http://overlawyered.com/?p=9201#comment-40707 Well, it's a living, I suppose. Bob Well, it’s a living, I suppose.

Bob

]]> By: Todd Rogers http://overlawyered.com/2009/02/drunken-totter-into-subway-trains-path-23-million/comment-page-1/#comment-40706 Todd Rogers 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? Wow. This one has me thinking. Would I willfully give up a half-leg for a couple of mill?

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