St. Louis Jury Awards $625,000 to Cyclist With Two Broken Legs After Metro Shuttle Hit Her in a Crosswalk

On February 2, 2015, at about 5:40 in the evening, Dawn Brancati was riding her bicycle east along the path beside Forsyth Boulevard in St. Louis. She wore a helmet, and her headlight was on. At the intersection with Tolman Way she stopped, as did a Metro Call-A-Ride shuttle operated by Bi-State Development Agency. She waited a few seconds with a clear view of the bus, then rolled into the crosswalk, where the shuttle struck her.

The crosswalk was controlled by a stop sign facing the shuttle, and every party stipulated that Brancati had the right of way. The driver, Cedric Allen, testified that he never saw her or her bicycle before the impact. He said he did not realize he had hit anyone until he heard passengers screaming. Bi-State admitted that Allen was its employee and was working at the time.

Brancati broke both legs. The right fibula was fractured, the left tibia was displaced, and the left fibular shaft was fractured. Surgeons placed a metal rod with interlocking screws in the left leg, running from just below the knee to slightly above the ankle, so that she could bear weight again. Two treating physicians, an orthopedic surgeon and a rehabilitation specialist, testified that the injuries were permanent. They described ongoing nerve and muscle pain, swelling, and an altered gait that can lead to arthritis in the hip and knee. The hardware may have to be removed in a future operation.

Brancati had been an avid runner. She told the jury she now runs shorter distances at a slower pace, no longer enters races, and cannot carry heavy loads such as groceries very far without pain. She also described new anxiety and nightmares after the crash and said counseling had helped her improve a great deal. She had a history of anxiety and depression before the collision, which the defense raised at trial.

Joan Lockwood and Stephen Woodley of Gray, Ritter & Graham represented Brancati. The defense asked the jury to assign some fault to Brancati for failing to keep a careful lookout. On September 25, 2017, the jury unanimously found Bi-State and Allen 100 percent at fault, jointly and severally, and awarded $625,000.

After the verdict, the trial court applied Missouri's sovereign-immunity limit to Bi-State and held the agency's share of the judgment to $414,418 plus interest and costs. It refused to limit the judgment against Allen. Bi-State and Allen appealed, arguing among other things that medical bills should have been limited to amounts actually paid. The Eastern District affirmed on December 18, 2018, and the Missouri Supreme Court denied transfer in February and April 2019.