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100 tort claim notices filed in State Fair stage collapse

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Note: This story has been updated to reflect the most recent numbers released by the Office of the Indiana Attorney General.

As of Nov. 2, the Office of the Indiana Attorney General has received 100 tort claim notices related to the stage collapse at the Indiana State Fair in August. The deadline for submission of the tort claim form was Nov. 1.

Bryan Corbin, litigation public information officer for the AG’s office, said the number may increase slightly because the office will accept any claims postmarked by midnight Nov. 1.

Of the 100 claims, 49 were re-filed using the tort claim form created by Kenneth Feinberg. Before the form was created, some had sent tort claim notice letters or used the standard Indiana tort claim form.

Corbin said some of the original claims were submitted jointly by multiple members of the same family, so they were asked to re-file for each injured member. The attorney general’s claims management staff will be reviewing the claim notices and following up for any additional documents, such as medical records, that may be needed.

The timeline for filing a tort claim notice was informally shortened in order to expedite the payment process. Corbin said the office heard from people that they wanted to be compensated now for the injuries, not years from now. Claimants legally still have 270 days from the Aug. 13 incident to file a tort claim notice.

Those who filed claim notices are seeking payment from the $5 million Indiana Tort Claim Fund. Seven people died and more than 40 people were injured in the stage collapse at the Sugarland concert Aug. 13. Some lawmakers have indicated they would like to consider raising the $5 million cap to address the needs of the victims in this incident or whether it should be raised in general, although it appears unlikely that the matter will be heard during the 2012 legislative session.

A Valparaiso attorney has filed a federal class-action lawsuit challenging the cap on grounds that it violates due process and equal protection because it denies individuals their fair share.

A relief fund was established by the Indiana State Fair Commission to distribute money to victims of the collapse, providing between $3,000 and $25,000 per injured person, depending on the length of stay in a hospital, and $35,000 for death claims.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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