/ Blog/ Settlement reached in Indiana State Fair stage collapse; $5 million cap upheld
An announcement regarding a settlement in the 2011 Indiana State Fair stage collapse occurred on Friday, December 18, as reported by the Indy Star.
On August 13, 2011, the catastrophic event caused seven deaths and 58 injuries. Prior to Friday’s announcement, the state of Indiana committed to $11 million in payments to victims and survivors. According to the state’s attorney general, a concerted effort was successfully made to secure a prompt settlement for the victims only months after the fatal incident.
Now, an additional private-party settlement with 19 different companies brings the total compensation to almost $50 million. One company, ESG Security, was not included in the settlement. It will be a defendant in a trial slated to begin in 2015.
The Indy Star also reported that attorneys for one of the victims requested that the Indiana Court of Appeals rule on a state law that caps personal injury and wrongful death compensation that the state can pay out to $5 million.
Following the stage collapse, the General Assembly did vote in 2012 to add $6 million to that capped amount. That legislative action allowed the state to pay out the $11 million in this one case. The filing with the state’s court of appeals will now further challenge the cap.
Earlier this week, the Indiana Court of Appeals upheld the $5 million cap in this case. An attorney for the teen who filed this challenge says he will likely appeal to the Supreme Court.
Indiana state statutes provide a means for seeking redress in the courts when injury or death results from the negligent conduct of others. Injured parties may seek compensation for a variety of losses and expenses, including, but not limited to, pain and suffering, medical expenses and lost wages. When loss of life occurs, survivors may file civil litigation that seeks compensation for loss of companionship, burial expenses and other losses.
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