A lawsuit seeking class-action status filed by an Indianapolis law firm is the largest legal action to arise so far from
the collapse of a concert stage at the Indiana State Fair.
The 18-page tort notice, filed Monday by Cohen & Malad LLP, claims the state of Indiana and several other parties, including
two businesses, were negligent in their handling of the Aug. 13 event and in failing to ensure the safety of the stage.
The incident claimed the lives of seven people and injured dozens of others who were at the fair to watch a concert by country-music
group Sugarland.
Class actions typically are filed by attorneys who bring a claim on behalf of at least 40 people.
“Here, you’ve got hundreds,” Irwin Levin, managing partner at Cohen & Malad, told IBJ Tuesday
morning. “There are so many people who were there and hit by debris—some injured seriously and some with just
emotional damage.”
Levin said his firm is waiving any fee it might earn from the lawsuit in order to maximize the limited amount of funds recoverable
from the state.
A state law limits
individual damage claims against the state to $700,000 and overall claims to $5 million per event. The state, however,
can waive the cap, and Levin said he will encourage it to do so.
The cap does not pertain to any private company that may be the target of a lawsuit.
Other state entities named are the Indiana State Fair Commission, Indiana State Police and the Indiana Department of Homeland
Security.
Besides the state, Cohen & Malad’s class action names Greenfield-based Mid-America Sound Corp., the company that
installed the stage rigging, and Los Angeles-based Live Nation Worldwide Inc., the promoter of the Sugarland concert.
Cohen & Malad filed the class action in Marion Superior Court on behalf of Angela Fischer, an Indianapolis resident who
attended the concert and continues to suffer emotional trauma, Levin said.
“She literally saw people die,” he said. “She saw injuries that were so graphic that we can’t even
describe them in the complaint.”
Cohen & Malad has a national reputation for representing individuals in class-action lawsuits.
The class action follows another tort claim notice filed by the widow of a 49-year-old man killed by the falling stage.
Former Marion County Prosecutor Carl Brizzi, who is representing the family of Glenn Goodrich, said the family has filed
the notice against the state regarding intent to file a lawsuit. The suit was not a class action.
Goodrich, a security worker employed by ESG Security who was working at the show, was critically injured in the incident
and died hours later.
At least two other lawsuits were filed on behalf of other victims last Friday.
on Facebook & Twitter
Back to Top
IBJ Conversations
23 Comments
Add Comment
This may or may not be an act of God. But lawyers naming everyone wihtout even knowing how or why the accident occured is abusive to the innocent entities named and expensive. "You've been hurt, someones got to pay!" has become a legal concept with no basis in reality.
My teen daughter and I were there, we saw those people die and/or get injured by the collapse, but I think the fault mostly lies with people in general. We knew it was likely to storm that night - it was on the weather channel. We went anyhow. We saw the storm coming and STILL chose to hang around and see if the concert would proceed. Just like everyone else. Sirens would have made no difference. There wasn't enough time before the winds hit. But we ALL made the conscious choice to stay there instead of seeking shelter elsewhere until it was too late. I for one do not wish to be involved in a class action lawsuit.
I see nothing despicable nor unusual about the way this lawsuit is being handled. If there was negligence involved on the part of the State Fair or the various companies involved in the stage setup, the victims and the victims' families should be compensated.
Finally, RTFA - "Levin said his firm is waiving any fee it might earn from the lawsuit in order to maximize the limited amount of funds recoverable from the state."
These are hard and trying times for a lot of families outside of this event. Rather than bleed the state budget that serves many needy families. Why not take the lawyers put of it. Hire a neutral party to act as liaison and take care of the expenses of all of the directly affected individuals. No amount of money can take away pain and suffering from those affected. However, I do not believe the State Fair folks, nor anyone of us expected the freak storm that blew through that night, especially with the extraordinary wind speeds that it brought with it.
This was merely an act of God with no malice or unprofessionalism intended.
There will be several levels of treatment and expenses that will justifiabely be paid by State fair officials. However, sueing gains nothing except to make lawyers rich at the expense of many people who will be affected during these hard times.
Think of your fellow man and not the almighty dollar. Thousands of prayers have been said from the moment the accident was reported. It was an act of God, let's all pray to God for guidance and be a little less sue happy.