Licensed in Missouri and Kansas

Reggie Bush's Recovery Against St. Louis Will Be Capped

It was announced recently that Reggie Bush hired a lawyer and intends on suing the City of St. Louis for injuries his injuries when he slipped and fell at the Edward Jones Dome on November 1. Mr. Bush slipped on the concrete surface surrounding the field during a game and tore the MCL in his knee. Mr. Bush's injuries were severe and may be career-ending.

The loss suffered by Mr. Bush was and is no doubt substantial. With surgery needed to repair his MCL and a loss of income from not being able to play, his total damages must be in the millions. Unfortunately for Mr. Bush, his damages are capped at $409,123.00. This is because the State of Missouri and its subdivisions (including the City of St. Louis) are protected from most civil damages lawsuits by sovereign immunity. Even when an exception applies and you can sue the government for damages, like for premises liability cases like Mr. Bush's, the law applies a cap on the recovery in those cases.

Missouri's sovereign immunity cap can be increased if the governmental organization purchased insurance to cover the loss. In that situation, the liability limit is the amount of the insurance limits. So, if the City of St. Louis had insurance to cover slip or trip and falls at the Edward Jones Dome, then whatever the limits of that policy are will be the limit of Mr. Bush's recovery. Still, though, this amount is probably far less that the millions of dollars he's been damaged so far.

So, although Mr. Bush appears to have suffered substantial damages when he fell, his recovery will most likely pale in comparison to those losses.