Subway Squeeze
Tipsy rider awarded $10M in crush suit
A Manhattan civil jury awarded $10 million to a tipsy marketing executive who was nearly crushed to death by the moving subway platform in Union Square.
Michael Dion threw back four drinks at a charity event before he fell between the arriving 4 train and the extending platform at Union Square Station in 2010.
He was wearing headphones at the time of the fall and witnesses saw him stumbling around with a can of Budweiser in his hand.
The platform, called a gap filler, rammed into him 167 times before he was rescued, his attorney, Jay Dankner, told The Post.
Dankner says Dion, 47, was not drunk and insists that “the alcohol had nothing to do with his injuries.” He had six surgeries and part of his intestines were removed.
The jury found Dion, who sued the city for $15 million, at least partially “negligent” for the acci- dent. Still five of six jurors said his negligence was not “a substantial factor.”
Because of that discrepancy, an MTA spokesman said the agency will ask a judge to reduce the $10 million award.
“We will motion to correct the verdict which fails to hold the plaintiff accountable for any portion of the damages he experienced, arising from this
very unfortunate fall in the station while he was seriously intoxicated,” spokesman Kevin Ortiz said.
Dion told The Post a month after the Dec. 10, 2010 incident, “The people who ride their subways and trains deserve to be protected from these unnecessary and dangerous hazards.”
He recalled screaming “get me out of here” while it took workers almost 30 minutes to extract him.
The Manhattan resident suffers nightmares and panic attacks from the incident as well as continuous pain in his legs and lower back, his lawyer said, noting, “He is still being treated by a psychiatrist.”