On Dec. 10, 2010, Michael Dion fell into a subway platform gap at Union Square in Manhattan. Before being extricated, he was rammed 167 times by a mechanical gap filler that extends when a train pulls into the station.
Represented by Jay Dankner of Dankner Millstein, Dion sued the New York City Transit Authority for negligence. He sought recovery of medical expenses plus $15 million for past and future pain and suffering. Defense counsel argued that the accident was caused by Dion’s carelessness, claiming that he was intoxicated.
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