Family of man run over by IndyGo bus awarded $700,000 in damages

INDIANAPOLIS — The family of a man who was run over by an IndyGo bus has been awarded $700,000 in damages after a lengthy legal battle.

According to court records, 63-year-old Michael Fergerson was run over by an IndyGo bus in September 2018. Fergerson sustained serious injuries to his feet, legs, abdomen and chest and was transported to an area hospital in critical condition after the accident.

Fergerson did not survive his injuries and died at a local hospital two weeks after the incident.

Legal proceedings

In October 2019, Fergerson’s family filed a lawsuit against IndyGo and the bus driver involved in the incident. After a three-day trial, a jury awarded Fergerson’s family $6 million in damages.

IndyGo appealed the trial court’s decision, and an appeals court later reversed the trial court’s actions. Fergerson’s family then petitioned for a transfer, which the Indiana Supreme Court granted, thus vacating the appeals court’s decision.

IndyGo initially appealed the trial court’s opinion because it did not believe its driver was solely responsible for the fatal accident. IndyGo’s legal team contended that Fergerson’s medical conditions played a role in his death.

Events that led to Fergerson’s death

Court records indicate Fergerson suffered from sciatica and alcoholism. On the day of the deadly accident, Fergerson had been hospitalized because he had consumed a half-pint of vodka and displayed “confused” and “uncoordinated” behavior. During his stint at the hospital, Fergerson reportedly told staff he drank a pint or half-pint of vodka daily.

Fergerson was ultimately released from the hospital. His family indicated that he visited a grocery store sometime after he got out of the hospital. After his trip to the grocery store, Fergerson, made his way to a bus stop with grocery bags in his hands.

Per court records, one bus driver pulled up to the stop and saw Fergerson sitting there. That driver denied Fergerson access to the bus because they saw a bottle of liquor in his hand.

Indiana law prohibits Hoosiers from riding buses while intoxicated. Court documents indicate Fergerson appeared to be “mildly intoxicated” after his release from the hospital.

A second bus later pulled up to the stop Fergerson was sitting at. When the bus initially arrived at the stop, Fergerson remained seated on a bench. As two passengers got off the bus, he slowly stood up with his grocery bags and headed toward the bus doors.

According to court records, just before Fergerson reached the bus, it began to move. As the bus pulled away, Fergerson either reached toward it or stumbled with an arm outstretched for balance.

Court documents indicate Fergerson’s arm hit the bus, and he was spun around by the contact. Fergerson then fell from the sidewalk and was run over by the rear wheels of the bus.

Fergerson’s official cause of death was deemed “complications from blunt force trauma.” Medical examination also revealed that Fergerson’s blood alcohol content was .261 at the time of the accident.

Jury trial arguments

IndyGo argued that Fergerson’s intoxication rendered him negligent in his own death to some degree. The jury that first heard that case disagreed with IndyGo’s assertion and ruled in favor of Fergerson’s family.

Among the relevant testimony the jury heard was that of Dr. Robert Gregori, the expert physician of Fergerson’s estate. Gregori explained to the jury that alcoholics “develop a higher-than-average tolerance” for liquor. Gregori added that a BAC exceeding .300 “may not affect an alcoholic like it would a person who is not used to drinking heavily.”

Fergerson reportedly called his mother before he attempted to board the bus. During legal proceedings, Fergerson’s mother contended that he did not appear to exhibit any signs of severe intoxication while they were on the phone — though she did concede that Fergerson had likely been drinking alcohol the day of the accident.

IndyGo’s expert toxicologist told the jury Fergerson still would have exhibited signs of intoxication with a BAC of .261 — even if he was an alcoholic.

During the trial, attorneys for Fergerson’s family also argued that Fergerson’s alcoholism may not have played a role in his death because he had likely boarded buses while intoxicated many times without issue.

Court records indicate IndyGo’s bus driver did not see Fergerson during the accident. The driver indicated that he checked his mirrors for a “split second” before pulling away from the stop. The driver said he did not remember if he had properly aligned the bus’ mirrors. The driver also said he could not remember if he approached the stop at distances required by IndyGo policy.

Fallout

After the jury awarded Fergerson’s family $6 million in damages, IndyGo appealed the jury’s decision on the grounds that the jury had made an erroneous decision that did not have due regard for the evidence that was presented during the trial.

An appeals court agreed with IndyGo’s argument, but the Indiana Supreme Court disagreed with IndyGo in a 3-2 decision, allowing the trial court’s initial ruling to stand and vacating the appeals court’s decision. Chief Justice Loretta H. Rush, Justice Christopher M. Goff and Justice Derek R. Molter agreed with the trial jury’s ruling. Justice Geoffrey G. Slaughter and Justice Mark S. Massa dissented.

Indiana’s statutory limits will prevent Fergerson’s family from receiving the $6 million it was awarded during its jury trial. Instead, the family will receive $700,000 in damages.

In a portion of its opinion, the Supreme Court mentioned that it found it difficult to overturn the trial court’s decision because attorneys for both IndyGo and Fergerson’s family had both commended the attentiveness of the jury involved in the trial.

“To be sure, this is a close case,” Rush wrote in the court’s official opinion. “But our role is not to stand in the place of the factfinder. Instead, we are confined to determining whether, considering the evidence in the light most favorable to the Estate, the only reasonable inference is that Fergerson was contributorily negligent. On this record, we cannot reach that conclusion. Six jurors, who were most attentive and asked the most questions either party’s attorneys had ever seen, did not find that Fergerson was contributorily negligent.

“And that jury was properly instructed on contributory negligence and the two statutes on which IndyGo relied, which we presume the jury followed. Additionally, both the trial court and the judge of our Court of Appeals found that IndyGo did not establish Fergerson was contributorily negligent as a matter of law. Because the evidence presented to the jury does not support a sole inference to the contrary, we cannot find these conclusions unreasonable.”