A Manhattan civil jury awarded $10 million to a tipsy marketing executive who was nearly crushed to death by a moving subway platform in Union Square.
Michael Dion had had four drinks at a charity event before he fell between the No. 4 train and the extending platform in the 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 accident. Still five of six jurors said his negligence was not “a substantial factor” in causing his injuries.
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.
The suit said the MTA should have installed safety barriers — similar to ones at the South Ferry station that shares the same type of curved track — to prevent riders from falling into the gap.
“The people who ride their subways and trains deserve to be protected from these unnecessary and dangerous hazards,” Dion told The Post a month after the Dec. 10, 2010 incident.
He recalled screaming “get me out of here” while it took workers almost 30 minutes to extract him from the retractable platform.
The Manhattan resident suffers both nightmares and panic attacks from the terrifying incident as well as continuous pain in his legs and lower back, his lawyer said, noting, “He is still being treated by a psychiatrist.”
“I hope the jury verdict will make the NYC Transit Authority recognize that passenger safety is their most important priority and that a dangerous condition exists at the Union Square station,” he said.
Dankner said the MTA has now installed a stop switch to power off the extending platform in the event of an accident. The moveable extenders fill gaps in the curved tracks at the 14th Street station.
The five women, one man jury handed down the eight-figure award Wednesday after a five week trial in Manhattan Supreme Court.