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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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