Estate Wins $6 Million After IndyGo Bus Kills 63-Year-Old at Bus Stop

On the afternoon of September 29, 2018, Michael Rex Fergerson, 63, was waiting at an IndyGo stop near 38th Street and Lafayette Road in Indianapolis. When a bus arrived, Fergerson rose to board. The driver pulled away before Fergerson reached the door. He reached toward the moving bus, was spun around, and fell beneath the rear wheels. His leg was severed in the collision. He died from blunt force trauma injuries thirteen days later, on October 12, 2018.

The estate, represented by personal representative Norma Jean Bush, sued Indianapolis Public Transportation Corporation, which operates IndyGo. The defense centered on Fergerson's intoxication, his blood alcohol content measured between 0.256 and 0.283 at the time of the incident. IndyGo argued that his condition made him solely responsible for the fall.

At trial, Ken Nunn Law Office attorney Bradford Smith countered that the driver rushed the departure to reach the end of the route for a scheduled break, operated in a blind-spot-heavy area without adequate caution, and failed to confirm all waiting passengers were safely clear before pulling away. The jury agreed. On April 20, 2023, jurors returned a verdict of $6 million: $661,283 for medical expenses and $5,338,716 for loss of love and affection. The award was reduced to $700,000 by the statutory damages cap applicable to Indiana governmental entities.

IndyGo appealed, and the Indiana Court of Appeals reversed the verdict in July 2024, finding Fergerson contributorily negligent as a matter of law. The estate sought review from the Indiana Supreme Court.

In September 2025, in a 3-2 decision, the Indiana Supreme Court reversed the Court of Appeals and reinstated the $6 million jury verdict. Chief Justice Rush, writing for the majority, concluded that the jury's findings on contributory negligence were not unreasonable given the evidence about the driver's conduct. The judgment remains subject to the $700,000 statutory cap.