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Class-action lawsuit filed over State Fair stage collapse

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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 Monday 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 Tuesday morning. “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.

At least two other lawsuits were filed on behalf of other victims last Friday.

This story originally ran in the Aug. 23, 2011, IBJ Daily. The Indianapolis Business Journal is a sister publication of Indiana Lawyer.
 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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