A jury said he deserved $2.3 million, but appeals judges have thrown out a lawsuit filed by a man hit by a New York City subway train after drunkenly falling on the tracks.
A decision released Tuesday says jurors didn’t have enough evidence for their conclusion that the motorman could have stopped the train before it hit Dustin Dibble in April 2006.
The 26-year-old said he was too drunk to remember how he ended up on the tracks at Manhattan’s Union Square station. He lost part of his right leg.
Jurors found Dibble bore some responsibility, but put most of the blame on New York City Transit.
Dibble’s lawyer, Andrew Smiley, says he believes the appeals court improperly interpreted facts in the case. The transit agency says it’s pleased with the ruling.