Litigation

Hoopster "Leg Off "Case Overturned by New York Appellate Court

By John Darer

The publication of shocking legal awards often singe our senses because they seem to obviate any idea of personal responsibility. The classic example everyone has probably heard was the McDonald's coffee spill case and the outrage it caused due to the idea that someone would actually put a cup of burning hot coffee between their legs while driving.  Nevertheless fewer people know the background behind the case, or the final price paid, and if they did they might have different impression.

The New York Post carried the story of former college hoopster Dustin Dibble who had the misfortune to fall onto subway tracks while apparently alcohol impaired and a train ran over him causing the loss of his leg. A jury awarded him $2.3 million. The Metropolitan Transportation Authority (MTA) appealed and on June 22, 2010 the Appellate Division issued a decision that it had reversed the jury award. While his lawyer Andrew Smiley has said he will appeal, I have written a limerick to "sum up" the story to date:

Hey Dibble Dibble

The MTA Did A Quibble

The Former Hunk's $2 million damage award

The Appellate Decision

Was Met With Derision

By the former hoopster who was utterly floored

His lawyer named Smiley

Said "It Might Take a Whiley"

To Appeal Overstep of Judicial Authority

It Wasn't His Choice To Lose The Leg

"Bloomie*" Differed To Beg

After All  Dibble Chose To Imbibe

Had it not been that "shot-a"

He might not teeter-tot-tah

And this limerick there'd be no need to scribe.

Like the McDonald's hot coffee

One Needs to Sound-Off-ee

On the Subject of Personal Responsibility

We live in an age

Where it is a total outrage

The lack of personal accountability.

We await news of the appeal.

* NYC Mayor Michael Bloomberg

Full post as published by Structured Settlements 4Real on June 25, 2010 (boomark / email).