MoDOT urges legislative action on tort reform

JEFFERSON CITY, Mo. -- Weighing in on the politically controversial issue of tort reform might carry some risks for the Missouri Department of Transportation, but highways commissioner Duane Michie said the need for change is too great to ignore.

Michie said MoDOT is forced to pay millions of dollars each year on legal settlements, even in cases where the department is found only peripherally at fault. Since those payments come at the expense of road projects, Michie said the department and its governing commission need to take a stand.

"If it is something we think is important, we ought to talk about it," said Michie, of Hayti.

Department officials outlined their support for tort reform Wednesday during a hearing before the Joint Committee on Transportation Oversight.

MoDOT director Henry Hungerbeeler asked for changes that would hold defendants financially responsible only for the percentage they are found at fault.

"Even when the department is found minimally liable, the court sometimes holds us responsible for most of the judgment because we are perceived as having deep pockets," Hungerbeeler said.

He also urged lawmakers to close a loophole that allows plaintiffs to circumvent damage caps MoDOT enjoys under sovereign immunity as a government agency by suing individual employees instead of the department, even though MoDOT -- and ultimately taxpayers -- still end up footing the bill.

Reducing claims

Such changes would reduce the number of legal claims against MoDOT and lower settlement costs, Hungerbeeler said.

MoDOT paid $8 million in damage awards during the last fiscal year, an amount nearly triple what it paid just two years earlier.

Tort reform remains a key priority of Republicans, who control both chambers of the Missouri Legislature. Lawmakers passed such a bill this year, but Gov. Bob Holden vetoed it. The governor, a Democrat, has said he supports tort reform but felt the Republican-sponsored bill would have prevented citizens from bringing legitimate claims in court.

State Rep. Lanie Black, R-Charleston and a member of the joint committee, said MoDOT's support on the issue shows that the problem isn't limited to businesses, which have led the drive from change.

"I think it is indicative of our frivolous-lawsuit society," Black said.

The oversight panel meets annually to review MoDOT's efforts in the previous year. In the past, lawmakers have used the forum to criticize the department. This year committee members expressed general approval of MoDOT's efforts to improve efficiency and properly manage highway funds.

While acknowledging the department still has much to do to rebuild trust with the public following past failures, Hungerbeeler implored lawmakers to help the department educate citizens issues over which MoDOT has no control but is still the target of criticism.

Misperceptions abound

For example, he said the misperception that MoDOT squanders money is bolstered every time it builds soundwalls along urban highways or constructs bicycle and pedestrian trails. Such projects are undertaken with federal money that by law can be use only those purposes.

"This money cannot be spent under any circumstance to build roads," Hungerbeeler said. "We need your help in fighting these" perceptions.

mpowers@semissourian.com

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