Bridge survivors' compensation

A plan to compensate survivors of the Interstate 35W bridge collapse passed the House as amended 120-10 on Feb. 28.

HF2553, sponsored by Rep. Ryan Winkler (DFL-Golden Valley), would create a structure to provide compensation to survivors of catastrophes. The fund would only be invoked if the Legislature determines an event, such as the bridge collapse, fits the definition of a catastrophe.

Winkler said that the victims of the bridge collapse have been waiting since August for help, and it was time for the House to take action. There is no Senate companion.

“It will not be full compensation. It could never be,” Winkler said. “But we have to make an effort.”

In addition, the bill calls for the appointment of a “special master” to appropriate $39.32 million to bridge collapse survivors. If the special master’s offer is accepted, the claimant would waive the right to sue public entities. The bill also includes a grant of $680,000 to Pillsbury United Communities in Minneapolis, to allow Waite House in Minneapolis to provide comprehensive services to children on its school bus which was on the bridge at the time of collapse.

An amendment by Rep. Paul Kohls (R-Victoria) requires that the special master report to the Legislature by Jan. 15, 2009, 2010 and 2011 on appropriated expenditures from the fund. The report must list the amount of compensation paid to each survivor, as well as the administrative expenses incurred by the special master.

Under current Minnesota law, survivors are limited in the damages they can seek from the state by tort caps. If survivors sued the state, the most they could receive in compensation, as a group, is $1 million. The most any individual could receive is $300,000.

The Interstate 35W bridge over the Mississippi River collapsed on Aug. 1, 2007, killing 13 people and injuring 85 others.