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Settlement adds $7.2 million for State Fair stage collapse victims

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Two defendants in lawsuits over the Indiana State Fair stage collapse that killed seven and injured dozens have agreed to add $7.2 million to money the state has already distributed or appropriated, Attorney General Greg Zoeller announced Friday.

Mid-America Sound and James Thomas Engineering offered the additional money to victims after mediation with plaintiff attorneys and Zoeller’s office, he said at a news conference. The money is in addition to $5 million the state provided, reaching the tort claim cap, and a $6 million one-time supplement the General Assembly approved during the 2012 legislative session.

In a news release, Zoeller said the private money will be paid upon collective support among a “sufficient” number of the 62 plaintiffs, and the additional state funds will be distributed by year’s end as the Legislature required.

Claimants who want to participate in the additional compensation – both public and private dollars – must sign a form releasing Mid-America and James Thomas Engineering from any liability and releasing the state from any legal obligations, the AG’s office said.

“This is about putting the victims first. The state's role to assist victims of the State Fair tragedy did not end when we paid out the original $5 million maximum from the tort claim fund in December. We know that claimants need additional financial help now and they can’t wait for years, so with the Legislature’s support and direction we designed a process where they can tap into additional funds. We want to provide these supplemental dollars in a prompt, equitable and respectful manner,” Zoeller said.

Zoeller declined to discuss elements of mediation that led to the settlement, but said his office also has been in mediation with additional defendants. But he said defendants and plaintiffs collaborated in “an expedited process like I’ve never seen before.”

The state’s supplemental $6 million appropriation includes an additional $400,000 that will be paid to the estates of the seven victims who died waiting for last summer’s Sugarland concert. That disbursement will bring compensation in each of those cases to the $700,000 individual tort cap.

That will leave $3.3 million of the state’s supplemental relief, which, combined with the private companies’ settlement, will leave $10.5 million that will be distributed to victims through a three-member arbitration panel.

Zoeller said that if victims were unsatisfied with the settlement, they retained the ability to bring suit against Mid-America Sound and James Thomas Engineering.

Zoeller said the settlement will curtail what could have been years of litigation that likely would have involved a future settlement. His office continues to talk with other defendants in stage collapse litigation.

“We’re not going to walk away on this,” he said.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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