It has been reported that the lawyer for a Brooklyn man vowed to appeal after a court threw out his $2.3 million damage award for being hit by a subway while drunk.

A five-judge panel of the New York state Appellate Division reversed the award made to Dustin Dibble on the grounds the train operator could not be proven negligent simply because he had not come to a stop within the amount of time considered to be average.

The court said, "We find that a reaction time that is seconds or fractions of a second longer than the purported average cannot, as a matter of law, constitute … proof of negligence."

The court had overstepped its bounds in the ruling and that he would appeal, said Dibble's attorney Daniel Smiley.

According to the reports of the New York Post, Dibble's award had angered the Metropolitan Transit Authority and Mayor Michael Bloomberg because Dibble had been highly intoxicated at the time of the accident. Dibble had fallen off the platform at Union Station in front of the train.

NYC Transit spokesman Paul Fleuranges said in response to Wednesday's ruling, "It remains our view that cases of this nature, in which individuals place themselves in positions of obvious danger through their own reckless conduct, should not result in the public treasury assuming responsibility for their actions." (With Inputs from Agencies)