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$4M jury verdict slashed by state law
A man, who had his left leg amputated after he was run over by a Metro Transit bus, has now had his $4-million jury verdict reduced to $500,000 due to a state liability law.
MINNEAPOLIS (FOX 9) - A man, who had his left leg amputated after he was run over by a Metro Transit bus, has now had his $4-million jury verdict reduced to $500,000 due to a state liability law.
Metro Transit will pay only fraction of $4-million verdict
What we know:
Christopher Swickard was attempting to board a bus from a snowy Minneapolis sidewalk when the driver shut the door. Video captures Swickard attempting to either stop the bus or get the driver’s attention. But he slipped and fell to the ground. As the bus pulled away, the back wheels ran over Swickard. He had to have his left leg amputated.
"[Metro Transit] refused to even accept the slightest ounce of responsibility for this," said Swickard’s attorney Cole Dixon.
Dixon filed a negligence lawsuit against the driver and Metro Transit, taking the case to trial. Metro Transit argued Swickard was extremely drunk and was at fault for what happened.
Ultimately, a Hennepin County jury found the driver 80% responsible for the incident, awarding Swickard more than $4 million for medical expenses and other needs.
But the verdict was significantly reduced because of a state liability law that caps payouts for public entities in wrongful death and catastrophic injury cases at $500,000.
"If you get hit by a bus, you are going to have bad injuries. If you are hit by snowplows, you will have significant injuries. And these people that get hurt the most get the least. And it doesn't make any sense at the end of the day," said Dixon, who believes the law needs to change.
Law capping payouts date back to 1960s
Big picture view:
Retired judge Kevin Burke explained that the government used to be completely immune from lawsuits in Minnesota. And when that changed in the 1960s, the liability caps were implemented to fend off a flood of litigation and keep insurance costs in check.
"Those who have the most serious injuries don't get fully compensated," said Burke. "So, if you have somebody who had $50,000 worth of damages, they get 100%. If they had $5 million and the caps are $1 million, they get twenty percent."
He continued, "That’s the argument, it’s not fair. And it’s not."
In a second lawsuit pending against Metro Transit, a man is suing the transit system and a separate driver after he was struck while crossing a Minneapolis intersection on his motorized skateboard.
Bradley Legrid was struck by a bus and dragged a half-a-block while attempting to cross Lake Street at Hennepin Avenue in February 2024.
Legrid is certain he had the walk signal while rolling through the intersection.
"I remember feeling something, and then I put my hands up and then looked, and it was the bus right next to me," recalled Legrid, who suffered significant injuries including broken legs, a shattered pelvis, and cracked vertebrae. "It is terrifying. Honestly, I feel it is mortifying for anybody to see something like that."
Legrid’s attorney, Cody Scharpf, said Metro Transit has made no attempt to settle the claim.
"Very clearly he (the bus driver) did not slow down, didn't stop, didn't try to avoid the impact at all, just barrels over Brad and keeps going."
Metro Transit facing second lawsuit
What they're saying:
Metro Transit had little to say about either case.
A spokesperson tells FOX 9 Investigators they continue to review the findings of the Swickard verdict, "We generally do not provide public comment on ongoing legal proceedings." Legrid’s trial is currently set to begin in January.
"I feel the entire system is pinned against an individual like me," said Legrid. "I feel this is something that is well beyond what the cap is saying."