ILNews

Zoeller: Most claimants agree to State Fair settlement

Back to TopCommentsE-mailPrintBookmark and Share

More than 80 percent of victims who sued after the State Fair stage collapse last year say they want to participate in the $13.2 million public-private settlement negotiated between the Indiana attorney general’s office and two defendant companies, the AG’s office said Thursday.

Indiana Attorney General Greg Zoeller said in a statement that 51 of 62 eligible claimants indicated by the Aug. 1 deadline that they want to participate in the settlement package.
 
Mid-America Sound Corp. and James Thomas Engineering Inc. in June agreed to contribute $7.2 million to a settlement fund for victims that also included $6 million in state money approved for victim compensation by the Indiana General Assembly. The money is in addition to the state’s cap of $5 million per event.

Now the companies have through Aug. 15 to review the acceptance paperwork and determine if conditions are met to proceed with their tendered offer, according to Zoeller’s statement. The settlement is conditioned on a sufficient ratio of claimants from the largest claims category accepting it and releasing the two companies from liability.

Zoeller said the office would continue to accept mailed correspondence from claimants postmarked by Aug. 1, so the number accepting the settlement package could rise.

“This is an expedited and reasonable settlement that puts victims first and will provide for the immediate medical and financial needs now, rather than after waging lengthy and uncertain litigation,” Zoeller said.

If the companies’ criteria are met for the private settlement, arbitration hearings will take place in September to calculate the precise amounts that participating claimants will receive, based on medical costs and other data, the statement said.

“We respect the right of the few claimants who may decide to turn down the settlement, but it is important to move forward so that the vast majority get immediate relief,” Zoeller said.

According to the statement, the General Assembly specified how much certain categories of claimants will receive from the state’s portion:  Estates of the seven deceased will be increased from the $300,000 they received last year up to $700,000, the maximum allowed. Claimants with non-permanent injuries will have 100 percent of their out-of-pocket medical costs reimbursed out of the public money, on top of the 65 percent they were paid last year.

If the companies accept the size of the pool of claimants, arbitrators will designate the amounts for the injured claimants out of the public money as well as amounts for all categories of claimants out of the separate pool of private money, Zoeller said in a statement.

 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

ADVERTISEMENT