$6M Verdict Reinstated in Bus Death Case

The Indiana Supreme Court has reinstated a $6 million jury verdict awarded to Norma Jean Bush, whose son, Michael Rex Fergerson, was killed after falling beneath the wheels of an IndyGo public transportation bus. The tragic incident occurred when Fergerson attempted to catch a departing bus, reached out to make contact, lost his balance, and was fatally struck by the vehicle.

While the jury originally awarded Bush $6 million in damages, the amount was later reduced to $700,000 due to statutory caps on damages against governmental entities. However, in July 2024, the Indiana Court of Appeals vacated the award, ruling that the surveillance footage of the incident clearly showed Fergerson acted negligently and contributed to his own death.

On September 16, 2025, the state’s highest court reversed that decision, concluding the video evidence was not definitive enough to override the jury's findings.

The Justices Weigh In

In its majority opinion, the Indiana Supreme Court emphasized that the video, which formed the basis of the appellate court’s decision, failed to show Fergerson’s lower body movements. As such, it was unclear whether he reached out for the bus voluntarily or reacted reflexively to a stumble.

The court pointed to multiple reasonable interpretations of the video. One possibility is that Fergerson lost his balance and instinctively raised his arm in self-defense. Another is that the sudden motion of the bus caused him to lose stability without any negligent action on his part.

The court also considered evidence that Fergerson had a high blood alcohol level at the time—approximately 0.261. Despite this, the justices declined to find that intoxication was the proximate cause of his death. They noted that expert testimony established Fergerson had a longstanding history of alcohol use and may have developed a tolerance allowing him to function without overt signs of impairment.

Importantly, the court stated that there was no evidence showing Fergerson violated state laws by stepping off the curb or running into the bus’s path. As the justices wrote, the jury had been “properly instructed” and was uniquely attentive, asking more questions than either party’s attorneys had ever experienced in court. Thus, they were within their right to conclude that Fergerson was not negligent.

The Dissenting View

Justice Geoffrey G. Slaughter, joined by Justice Mark S. Massa, issued a dissenting opinion, arguing that even under the majority’s interpretation of the video, the verdict should not stand. Slaughter contended that Fergerson’s physical conditions—sciatica and significant intoxication—should have held him to a higher duty of care. In his view, individuals with known impairments must exercise increased caution to avoid placing themselves in dangerous situations.

Slaughter further criticized the majority for disregarding the expert testimony that individuals with high blood alcohol levels may appear coordinated under normal conditions but quickly lose balance when challenged. In his analysis, Fergerson’s instability played a direct role in his fatal fall.

“It was, by any measure, negligent for Fergerson—heavily intoxicated and with sciatica—to get too close to a departing bus,” Slaughter wrote.

Legal Representation and Reaction

Norma Jean Bush was represented by Bradford J. Smith of the Ken Nunn Law Office and David W. Stone IV of the Stone Law Office & Legal Research. IndyGo was represented by Bradley M. Dick and Wandini Riggins of Bose McKinney & Evans LLP, along with Sean T. Devenney and Evan Michael Norris of Drewry Simmons Vornehm LLP.

Following the ruling, Smith commented, “The Indiana Supreme Court's opinion made it clear that the judge and jury at trial, not the appellate courts, were in the best position to weigh and interpret the evidence that IndyGo was solely negligent in causing Fergerson's death even though he had consumed alcohol that day.”

He added, “We are hopeful that this decision will encourage IndyGo to step up its safety efforts, especially since it profits from transporting riders who may have chosen to drink, but not drive.”

Representatives from IndyGo did not immediately respond to requests for comment.

What’s Next?

While the Supreme Court's decision reinstates the jury verdict, the judgment remains subject to Indiana's $700,000 cap on damages against public entities. However, the ruling underscores the deference appellate courts must give to juries in evaluating factual disputes, particularly where evidence permits multiple reasonable inferences.

The case—Indianapolis Public Transportation Corp. v. Bush, case number 25S-CT-245—also raises broader questions about public transit safety protocols and driver accountability. With the Supreme Court declining to find Fergerson negligent as a matter of law, the ruling may serve as a cautionary precedent for transit authorities and their operational standards moving forward.