Stouffer bill seeks authority for MoDOT to go to court

Since 1999, Missouri's Transportation Department must go to binding arbitration with a panel of three arbiters, if "the plaintiff in a negligence action against" the department asks for that arbitration.

Eleven years ago, the state Supreme Court upheld that requirement as constitutional.

"What happens is, if someone has a really strong case (against MoDOT), they go to court," state Sen. Bill Stouffer told colleagues on the Senate's Transportation Committee last week. "If they have a weak case, they go to binding arbitration (and) MoDOT has no choice in it."

And it's costing the Transportation Department money that could be used elsewhere.

"The costs of the awards, since this has been put into effect, have almost quadrupled," Stouffer said, "prior to the law being passed."