In a recent decision, the Indiana Supreme Court affirmed a jury’s verdict in a wrongful death lawsuit filed by the estate of a man who was struck and killed by an IndyGo bus. The case, Indianapolis Public Transportation Corporation d/b/a IndyGo Public Transportation v. Norma Jean Bush, as Personal Representative of the Estate of Michael Rex Fergerson, centered on the legal principle of contributory negligence.
The Tragic Incident and Legal Battle
The case involved Michael Fergerson, a 63-year-old man who suffered from sciatica and had a history of alcohol use disorder. In September 2018, Fergerson was waiting for an IndyGo bus with two grocery bags. As the bus began to pull away, he stood up and walked toward the front door. He lost his balance, fell into the road, and was run over by the bus’s rear wheels. He died from his injuries about two weeks later.
His mother, Norma Jean Bush, filed a wrongful death lawsuit against IndyGo, alleging negligence. IndyGo’s defense was that Fergerson was contributorily negligent, meaning his own actions contributed to his death, which would bar the estate from recovering damages.
At trial, IndyGo argued that video footage and Fergerson’s high blood-alcohol content (BAC) of 0.261—more than three times the legal driving limit—proved he was negligent as a matter of law. The jury, however, found in favor of the estate and awarded $6 million in damages. The trial court denied IndyGo’s motions for judgment. The damages were later reduced to $700,000 due to a statutory cap for governmental defendants.
The Supreme Court’s Decision
On appeal, the Indiana Supreme Court reviewed the case de novo, meaning they looked at the evidence without deferring to the lower court’s decision. The Court had to determine if the evidence presented at trial led to a single, undisputed conclusion that Fergerson was contributorily negligent.
The Court’s majority opinion, written by Chief Justice Rush, held that it did not. While the video footage could support the inference that Fergerson acted negligently, it also supported other reasonable inferences. For example, the Court noted that Fergerson may have stumbled by accident and raised his arm involuntarily to brace himself, or the bus’s sudden movement may have caused him to lose his balance.
The Court also addressed the argument about Fergerson’s intoxication. It noted that while a high BAC can be evidence of contributory negligence, it doesn’t prove it on its own. Testimony from an expert physician revealed that chronic alcoholics like Fergerson often have a higher tolerance for alcohol, and his intoxication may not have been a proximate cause of his injuries.
The Court concluded that because the evidence allowed for multiple reasonable inferences, the question of whether Fergerson was contributorily negligent was a matter for the jury to decide. The Court affirmed the trial court’s decision to deny IndyGo’s motion to correct the error.
Justice Slaughter dissented, arguing that the only reasonable inference was that Fergerson was at least “slightly at fault for his injuries” and therefore contributorily negligent as a matter of law.
Need a Skilled Litigator in Southern Indiana?
This case highlights the complexities of personal injury and wrongful death lawsuits, especially when a defense of contributory negligence is raised. The Indiana Supreme Court’s decision emphasizes the critical role of the jury in weighing evidence and determining facts.
If you or a loved one has been injured, you need an attorney who understands these intricate legal principles and can effectively argue your case. Attorney Marc Sedwick has a proven track record of fighting for his clients and ensuring their stories are heard. Don’t leave your case to chance.
Contact Marc Sedwick today for a consultation and let his expertise work for you.