ILNews

State preparing to pay maximum in stage collapse damages

Back to TopCommentsE-mailPrintBookmark and Share

The state of Indiana is set to forgo costly and lengthy litigation and instead pay the maximum $5 million in damages allowed by law to victims of the Indiana State Fair concert stage collapse, Attorney General Greg Zoeller said Wednesday.

Zoeller disclosed the decision in a written statement while announcing that Kenneth Feinberg, an expert who administered victim-compensation funds following 9/11 and the Gulf of Mexico oil spill, will serve as an unpaid consultant on claims associated with the concert tragedy.

Strong winds toppled a state fair stage onto fans waiting to see country band Sugarland perform at the Grandstand Aug. 13, leading to seven deaths and leaving dozens injured.

“We want to move to pay the full $5 million that the state’s law allows as soon as an equitable formula can be devised,” Zoeller said in the statement. “My goal is to focus on the needs of victims and their families while minimizing the expense of lengthy and costly litigation.”

Indiana law caps total damages to a state entity at $5 million — an amount personal-injury lawyers have said is far too low for the injuries and deaths involved.

Several lawsuits have been filed on behalf of the victims, including one by Indianapolis law firm Cohen & Malad seeking class-action status in Marion County Superior Court against the state and companies involved in putting on the concert.

On Monday, Zoeller asked a Marion County judge to dismiss that suit, which was filed on behalf of Indianapolis resident Angela Fischer, who says she was emotionally traumatized by the deadly accident.

He said the law firm failed to follow the legal process in suing. He said Fischer's lawyers notified his office with a tort claim Aug. 22 of their plans to sue the state, and then filed suit the same day instead of giving the state the required 90 days to respond to the tort.

Reached by phone on Wednesday, Cohen & Malad Managing Partner Irwin Levin said he has the utmost respect for Feinberg.

“We have been beseeching the state to move as quickly as possible to give full compensation to the victims,” he said. “We hope that Ken Feinberg will encourage the state to increase the fund voluntarily so victims will be paid full compensation, and to do so quickly.”

Because of the state cap, which also limits individual claims to $700,000, several other parties besides the state fair have been named as defendants in the negligence suits.

Among those named are Mid-America Sound Corp., Lucas Entertainment Group LLC, Live 630 Group, Live Nation Touring and ESG Security Inc.

Zoeller said in announcing Feinberg’s role that developing a process to resolve claims would provide victims and families with “certain and prompt payment.”

"In light of the urgency for victims of the State Fair tragedy and the statutory limits on compensation, the advice of Mr. Feinberg who has faced these circumstances before will be invaluable in developing this claims process effectively,” Zoeller said.

Separately, Feinberg also will work with the Indiana State Fair Commission to distribute private donations made to the Indiana State Fair Remembrance Fund.

As of Tuesday, the fund contained $242,404. The tally doesn't include donations expected from a concert by Train and Maroon 5 that was moved from the state fairgrounds to Conseco Fieldhouse.

This story originally ran on IBJ.com. The Indianapolis Business Journal is a sister publication to 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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT