State fair settlement fails

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Mid-America Sound Corp., one of two companies that offered an additional $7.2 million to victims of the Indiana State Fair stage collapse, announced it will not proceed with its offer after deciding not enough claimants accepted the settlement arrangement.

Mid-America and James Thomas Engineering offered the additional funds in exchange for a sufficient number of victims releasing both companies from lawsuits. Mid-America decided that although 51 of the 62 eligible claimants accepted the offer, that number wasn’t enough to proceed with the settlement.

The company announced it was withdrawing its offer Wednesday evening. Indiana Attorney General Greg Zoeller said the state will proceed with distributing the $6 million in supplemental state-provided funds to the victims and will seek to facilitate discussions between the claimants and James Thomas Engineering.

“Because State Fair victims said they needed financial assistance sooner rather than later, my office made an effort to facilitate a private settlement to increase the relief available. It was worthwhile to try to bring the claimants and defendant companies together; but since the parties did not reach an agreement, we will move to distribute the original $6 million the Legislature appropriated, well before the January 2013 deadline, and we will continue to look for opportunities to serve the victims,” Zoeller said in a statement released Wednesday night.

Because the agreement fell through, claimants can still pursue lawsuits against Mid-America or other defendants not a party to settlement agreements.

Zoeller had attempted to resolve indemnification claims made by Mid-America against the state. The company claims in legal pleadings that the state must cover its legal costs in lawsuits related to the stage-rigging collapse, which the state denies. A bill passed by the General Assembly this year gave the AG’s office the ability to resolve those claims. It also contained language stating that claimants who receive supplemental funds may not sue the state under an indemnification claim.

James Thomas Engineering is not suing the state.

“On a personal note I will admit to some disappointment, but I believe the public-private effort was nonetheless worthwhile. Without putting the State at any risk, we provided an opportunity to speed more than twice the funds to the victims, which has always been my focus. It's not my role to assign blame that an agreement was not reached, but I will continue to offer whatever assistance my office can provide,” Zoeller added.

The attorney general’s office will circulate additional information to eligible claimants and their attorneys this week information about distribution of the $6 million.



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  1. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL