Judge rules MnDOT has immunity in Fred Statz wrongful death suit

Aug. 15--WASECA -- A district court judge has ruled in favor of the Minnesota Department of Transportation's arguments that it and its engineer have immunity against a wrongful death lawsuit brought by the parents of a high school football coach who died after an accident where traffic patterns had changed.

Fred Statz was 25 in November 2012 when he collided with a semi-truck at the intersection of Old Highway 14 and County Road 27 in Waseca. The former Minnesota State University football player was coming from a banquet at Waseca High School, where he coached football.

MnDOT had changed the traffic signage at the intersection just days before the crash, converting it from a four-way to a two-way stop. The agency did not notify drivers of the change.

Statz's parents, Bill and Kathy, sued MnDOT, alleging it was negligent in control of the intersection. MnDOT argues it has discretion to place signage as it chooses and asked the court to dismiss the case.

After a May hearing, Waseca County District Court Judge Larry Collins decided in favor of MnDOT in a judgment dated Aug. 6. The summary judgment from Collins means the case will not go to a jury trial, which Bill and Kathy Statz had sought.

Bill Statz said Friday he found the ruling "a little bit upsetting."

"All the professions in the civilian side of life are held accountable and are always subject to scrutiny," he said. "That's why people carry liability insurance. If the state employees don't have to be held accountable, they can make bad decisions with bad outcomes without consequences."

He said they would review the decision and plan with their attorney, Randall Knutson, who was unavailable for comment on Friday.

Kevin Gutknecht, communications director for MnDOT, said the department was aware of the judge's decision, but "our chief counsel hasn't had a chance to review it."

Collins decided that the MnDOT engineer did qualify for official immunity because the decisions about signage to notify drivers of the change from a four-way stop to a two-way stop was discretionary in nature and the decision was not made maliciously.

Since the engineer received immunity from suit, the department also receives immunity in this case, Collins wrote.

Statz said they had been gratified to see the packed courtroom at the May hearing.

"There was such an outpouring of support," he said.

Follow Nancy Madsen on Twitter @nmadsenmfp.

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