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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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