ILNews

Class-action lawsuit filed over State Fair stage collapse

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

ADVERTISEMENT