Drinker Hurt in Subway Gets $9.3 Million
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NEW YORK — A man who lost an arm after falling on the subway tracks while drunk has been awarded $9.3 million by a jury.
“God bless America,” said Francisco Marino, a Mexican citizen who had been in the United States for one year working as a dishwasher before the 1989 accident.
City transit officials said they would appeal Wednesday’s state Supreme Court decision, which compensates Marino, 30, for pain and suffering and loss of earnings. He was hit by a northbound train after falling. “We’re outraged and we are confident that this will be overturned on appeal,” Transit Authority spokesman Termaine Garden said.
Marino’s lawyer, Alan Shapey, contended that Marino would not have fallen in front of the train if transit officials had followed their guidelines to “take charge” of disabled or intoxicated people, at least until a police officer arrives, to ensure their safety. Shapey argued that, although a transit clerk reported Marino’s presence on the platform, the man was not removed.
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