The Polk County Board of Supervisors denied a request from the Des Moines Area Regional Transit Authority (DART) for a $1.6 million loan to help pay damages associated with five recent pedestrian accidents, according to the Des Moines Business Record.
Four out of the five pedestrian accidents were significant accidents, with three individuals actually being run over by a bus, [DART General Manager Brad] Miller said. The most recent accident happened in October, when a bus making a left turn hit a pedestrian who was crossing the street.
The trials in lawsuits related to the pedestrian accidents are expected to go to court in late 2009 or early 2010, Miller said, making it pertinent to include the money to cover the judgments in the upcoming ‘09 and ‘10 budgets, which are currently being drafted.
The Board, however, said it would be unwise to budget money that might be lost in a lawsuit before any lawsuit takes place.
“If you’re on the witness stand and the plaintiff’s council says ‘Well isn’t it true that Polk County has guaranteed your liabilities to the extent of $2 million?’ you’re under oath, you have to say ‘yes’ and you have essentially written a check for $2 million,” said Michael O’Meara, first assistant county attorney.

