Wisconsin man receives $1.25M settlement for foot injury at 2019 U.S. Bank Stadium concert

U.S. Bank Stadium officials have signed off on their share of a $1.25 million settlement with a Wisconsin man whose foot was injured outside a stadium gate at a Garth Brooks concert nearly three years ago.

Tom and Diana Ugoretz of Marshfield, Wis., said a large steel hydraulic wedge-shaped barrier "suddenly and without warning [was] lowered onto" Tom Ugoretz's foot, according to the Hennepin County District Court lawsuit settled last month.

The couple sued the Minnesota Sports Facilities Authority (MSFA), which owns and oversees the stadium on behalf of the public, along with the stadium's operator, builders and security personnel including a Minneapolis police officer.

The suit says that the couple sought more than $50,000, standard for Minnesota personal injury cases, and cited Tom Ugoretz's permanent disability, past and future medical expenses, pain and embarrassment. Diana Ugoretz sought compensation for loss of companionship.

Neither the lawsuit nor the settlement document provide detail about the nature of Ugoretz's injuries, but the amount suggests they were significant. Michael Brose, the couple's New Richmond, Wis.-based lawyer, said the settlement includes a confidentiality clause that prohibits the parties from discussing his client's injuries, the incident or the settlement.

Sizable settlements stemming from events at Twin Cities venues are rare, and MSFA attorney Jay Lindgren said he was not aware of a larger injury settlement involving the six-year-old stadium. Insurance will cover the MSFA's portion.

"Clearly the man suffered a horrible injury," said Lindgren, adding that a remote control device could have lowered the wedge on Ugoretz's foot.

As for what actually happened, Lindgren said it's unclear: "A settlement like this doesn't establish what the facts are, doesn't establish who was at fault."

The financial settlement, which ends the lawsuit and the potential for long and costly litigation, is "not intended nor shall it be construed by anyone to be an admission" and is "provided solely to purchase peace," according to the document.

The agreement became public when the MSFA signed off on its portion, $745,000, at its regular monthly meeting Feb. 17. The document doesn't say who paid the balance of the $1.25 million, but those signing it were stadium general contractor M.A. Mortenson Co.; Action Fence, Inc.; Ameristar Perimeter Security USA Inc.; G4S Secure Solutions (USA), Inc.; and Whelan Event Staffing Services.

The suit accused two people of "negligently" lowering the wedge — Michael Grahn, an off-duty Minneapolis police officer who was working security for stadium operator ASM Global, and Whelan security employee Heather Johnson.

The lawsuit provided only the broadest details of the incident, which occurred May 4, 2019, outside the Pentair gate on the south side of the stadium near the intersection of 6th Street and 10th Avenue. Country superstar Brooks performed there that night.

The hydraulic wedge, which is flush to the pavement when lowered, serves to prevent vehicles from driving into the stadium gates. During events, the wedge is usually in an upright position; it has metal spikes that recede into the pavement when lowered.

The board discussed the settlement in a closed-door session with Lindgren and then voted 4-0 at the public meeting to approve the amount. Voting for the settlement were Chair Michael Vekich and board members Angela Burns Finney, Bill McCarthy and Tony Sertich. Sharon Sayles Belton was absent.

The MSFA's portion was covered by Berkshire Hathaway Specialty Insurance, which also acted on behalf of ASM Global, Grahn, the Minneapolis Police Department and the city.

"When accidents happen and the insurer is willing to pick up 100 percent of the costs, that's a sound decision for an operator of a building to accept," Lindgren said.

To head off the potential for future injury, MSFA spokeswoman Lisa Niess said the MSFA and ASM had "made adjustments" to the protocol for operating the wedges and had placed "physical protections" around them. She said security issues precluded her from discussing further changes that were made.