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Old 02-18-2009, 11:49 PM
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Another person not taking responsiblity for their stupidness

Drunk man run over by train wins $2,336,713.


Drunk man run over by train awarded $2.3 million - CNN.com
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Old 02-19-2009, 12:13 AM
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And we wonder why the economy is going downhill.....
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Old 02-19-2009, 05:07 AM
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If you read the whole piece, you can see that the jury reduced the award by 35% to account for the man's negligence and responsibility. Although the article doesn't say whether it was argued, there's a legal doctrine called "last clear chance," which might have applied here. A good explanation of the doctrine is here: Last Clear Chance legal definition of Last Clear Chance. Last Clear Chance synonyms by the Free Online Law Dictionary.. The article does say that the argument was made that train driver saw the guy but made no attempt to stop, even though he apparently had plenty of time to do so.

I agree, the fact that the guy was drunk when he fell tends to make him a whole lot less sympathetic.
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Old 02-19-2009, 08:47 AM
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I think because the driver had the oportunity to stop but he didn't then the duffus who was drunk and fell should get something. But over $2 million?
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Old 02-19-2009, 10:17 AM
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Quote:
Originally Posted by dnj51 View Post
I think because the driver had the oportunity to stop but he didn't then the duffus who was drunk and fell should get something. But over $2 million?
What's your leg worth to you? The guy, according to the NYPost, was a former athlete, 25, and an investigator for Bergdorf Goodman. My guess is that his leg was pretty darn important to him -- not like Lance Armstrong, but still . . .

From an article in the NY Post -- and, if true, this would be pretty persuasive to me in finding against the subway: Moore was the driver.

Quote:
Smiley said Moore had testified at the deposition that he couldn't "stop every time he sees garbage," because "there's garbage all over the place," but NYC Transit rules call for the motorman to stop the train if there's a mass on the tracks.
The operator admitted he saw something, but didn't stop -- which was required by the regulations.

This was a drunk man. What if it had been a child?
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Old 02-19-2009, 12:27 PM
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I told a friend about this lawsuit. He said in some countries they have a wall up at the subway tracks. The wall has doors where the subway has doors and both open when the subway stop. I think NYC should consider putting up such a wall. Would save a bundle on lawsuits!
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