Bridge collapse survivors, families file notice to sue

Deadline to notify the state of potential bridge lawsuits is a formality, says an attorney working with I-35W collapse victims.

January 22, 2008 at 5:19AM

Interstate 35W bridge collapse survivors and victims' families are giving the state formal notice that they intend to sue.

Paperwork to notify the state of potential lawsuits is supposed to be filed within 180 days of an incident -- a deadline that comes up Sunday.

Chris Messerly, an attorney with a consortium of lawyers representing 67 bridge collapse clients, said the paperwork is a formality.

Notices are required "to give the state an opportunity to know about and investigate the event that caused the injury," Messerly said. "But obviously in this case, no letters are really necessary. I can't imagine the state would claim they were surprised by the fact that someone was going to make a claim against them."

Failing to file a notice does not mean someone won't sue, said Messerly and attorney Jim Schwebel, who represents two dozen victims.

As of Friday, the state had received notices from 73 injured survivors and six families of victims killed in the collapse, according to the Associated Press. Three insurance companies and the owner of the school bus that fell with the bridge also filed paperwork.

Messerly said he anticipates more will be filed in coming weeks and months, as more potential clients come forward.

Currently the state's liability is capped at $300,000 per person and $1 million total for everyone putting in a claim.

Under a bill authored by Rep. Ryan Winkler, DFL-Golden Valley, those limits wouldn't apply and the state could pay victims for expenses not covered by insurance or contributions. Bridge contractors may be allowed to contribute to the fund and then be protected from lawsuits.

The possibility of such a fund will be discussed today at the Capitol during a meeting of the Joint House-Senate Subcommittee on Claims.

PAM LOUWAGIE

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