ILNews

Class-action lawsuit filed over stage collapse

Scott Olson
August 31, 2011
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A class-action lawsuit filed by an Indianapolis law firm is the largest legal action to arise so far from the collapse of a concert stage at the Indiana State Fair.

The 18-page tort notice, filed Aug. 22 by Cohen & Malad, claims the state of Indiana and several other parties, including two businesses, were negligent in their handling of the Aug. 13 event and in failing to ensure the safety of the stage.

The incident claimed the lives of seven people and injured dozens of others who were at the fair to watch a concert by country-music group Sugarland.

Class actions typically are filed by attorneys who bring a claim on behalf of at least 40 people.

“Here, you’ve got hundreds,” Irwin Levin, managing partner at Cohen & Malad, told IBJ. “There are so many people who were there and hit by debris – some injured seriously and some with just emotional damage.”

Levin said his firm is waiving any fee it might earn from the lawsuit in order to maximize the limited amount of funds recoverable from the state.

A state law limits individual damage claims against the state to $700,000 and overall claims to $5 million per event. The state, however, can waive the cap, and Levin said he will encourage it to do so.

The cap does not pertain to any private company that may be the target of a lawsuit.

Other state entities named are the Indiana State Fair Commission, Indiana State Police, and the Indiana Department of Homeland Security.

Besides the state, Cohen & Malad’s class action names Greenfield-based Mid-America Sound Corp., the company that installed the stage rigging, and Los Angeles-based Live Nation Worldwide Inc., the promoter of the Sugarland concert.

Cohen & Malad filed the class action in Marion Superior Court on behalf of Angela Fischer, an Indianapolis resident who attended the concert and continues to suffer emotional trauma, Levin said.

“She literally saw people die,” he said. “She saw injuries that were so graphic that we can’t even describe them in the complaint.”

Cohen & Malad has a national reputation for representing individuals in class-action lawsuits.

The class action follows another tort claim notice filed by the widow of a 49-year-old man killed by the falling stage.

Former Marion County Prosecutor Carl Brizzi, who is representing the family of Glenn Goodrich, said the family has filed the notice against the state regarding intent to file a lawsuit. The suit was not a class action.

Goodrich, a security worker employed by ESG Security who was working at the show, was critically injured in the incident and died hours later.

Other lawsuits have also been filed on behalf of other victims.•

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Originally published at IBJ.com, the website of the Indianapolis Business Journal, a sister publication of the Indiana Lawyer.
 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

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  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

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  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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