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Damage cap limits state's potential losses from concert tragedy

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Total damages the Indiana State Fair could pay victims of last Saturday's concert tragedy would be capped at $5 million—an amount personal-injury lawyers say is far too low for the injuries and deaths involved.

Because of a state law that limits individual damage claims against the state to $700,000 and overall claims to $5 million per event, several other entities besides the state fair might become targets of negligence lawsuits, legal experts say. They could include the designer and builder of the stage or even the promoter of the concert, according to lawyers.

“I think there will probably be a large number of defendants listed, just because there’s a limited pot of money,” said Indianapolis defense lawyer Tom Schultz.

Saturday night’s accident happened when a wind gust estimated at 60 to 70 mph toppled the roof of the stage and the metal scaffolding holding lights and other equipment. The stage collapsed onto a crowd of concertgoers awaiting a show by the country act Sugarland at the fair's grandstand. Five people died and more than four dozen were injured, some critically.

Several people are still hospitalized, including at least two victims with brain injuries.  

Litigation arising from the deadly accident is likely as several local attorneys already have been contacted by family members considering their legal options.

Dan Chamberlain, a partner at the Indianapolis personal-injury firm of Doehrman Chamberlain, said his firm could file suit on behalf of one victim within the next week.

“You’ve got 50 people injured, five who have been killed, and you’ve got $5 million in coverage,” Chamberlain said. “It’s nowhere close to fairly and adequately compensating the families.”

It remains unclear whether anyone had inspected the concert stage that toppled over, or if anyone was supposed to do so.

Fair officials said they have hired New York engineering firm Thornton Tomasetti Inc. to investigate the accident. The firm was involved in a similar investigation of the 2007 collapse of the Interstate 35 bridge over the Mississippi River in Minneapolis.

Indianapolis lawyer Mark Ladendorf, who expects to represent at least two families of the victims, said most firms will launch their own investigations.

“We’re going to have to get answers for our clients,” he said. “We succinctly can’t rely on what the government is going to tell us and what someone hired by the government will tell us.”

Under the Indiana Tort Claims Act, lawyers must notify the state entity they intend to sue within 270 days of the accident.  

State fair spokesman Andy Klotz said the fair is self insured against such lawsuits under the Indiana State Tort Claims Act.

He acknowledged to WISH-TV Channel 8 on Wednesday that the fair didn’t follow its own severe weather procedures by failing to inform concertgoers that the National Weather Service had issued a severe thunderstorm warning for the area.

Indianapolis meteorologist Paul Poteet told WXIN Fox 59 that fair officials disregarded his warning to delay or cancel the show.

Questions about whether the fair did enough to anticipate a storm have loomed over the event. Some fairs hire their own meteorologists for just such a scenario.

The local law firm of Wilson Kehoe & Winingham LLC has retained a meteorologist and a structural engineering consultant in anticipation of representing family members, firm partner Bruce Kehoe said.

“When you have that type of catastrophe and that kind of loss, it would be unusual for folks not to want to get answers that are difficult to obtain,” he said.

Schultz, the defense lawyer who is a former president of the Defense Trial Counsel of Indiana, expects numerous claims will be filed.

“The question is, is there fault somewhere?” he asked. “Right now, we don’t know.”

This story was originally published on IBJ.com Aug. 18, 2011.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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