IBJNews

Indiana fair lawsuits won't go to trial until 2014

Back to TopCommentsE-mailPrint

A group of lawsuits related to last summer's deadly Indiana State Fair stage collapse likely won't go to trial for nearly two years, according to a judge's ruling that also warned attorneys not to release any evidence in the high-profile case.

Marion Superior Court Judge Theodore Sosin released an order acknowledging that most attorneys in the case want a trial no earlier than April 1, 2014. The judge didn't set a trial date but ordered both sides into mediation to try to work out a settlement.

The order also warns lawyers that they could face sanctions if they say anything or disclose evidence that might prejudice court proceedings, noting such a move would violate a protective order and legal codes of conduct.

"The court acknowledges that this case has and will continue to generate significant pretrial publicity," Sosin wrote.

The judge didn't rule out sanctions for past transgressions.

At a May 9 hearing, Sosin criticized attorney Kenneth J. Allen, who is representing several victims and their families, for releasing portions of a videotaped deposition by Sugarland lead singer Jennifer Nettles. Stage rigging fell onto a crowd of people waiting for the country music duo to take the stage as stormy weather moved in on Aug. 13. Seven people were killed and dozens were injured.

Allen said Wednesday that he released the Nettles video April 16 in response to misleading statements by Sugarland's publicists.

"All we've tried to do is to ... control what we believe to be the false assertions made by the other side. And I think that's what the rule contemplates," Allen said. "We have the right and duty to rebut it and that's what we've done."

Sugarland's spokesman declined comment Wednesday.

Allen also said he wasn't the first to release depositions taken from witnesses in the case. Mid-America Sound Corp., which built the roof and rigging used to hold the lights and sound equipment at the concert, released portions of a deposition in January by Indiana State Fair Commission executive director Cindy Hoye.

A spokeswoman for Mid-America also declined comment, citing the judge's order.

Victims and survivors' families who are seeking millions of dollars in damages have filed lawsuits against various entities involved in the show.

The judge's order, dated May 24, outlines a plan to consolidate pretrial preparation for the lawsuits. It also requires attorneys for both sides to take part in mediation toward possible settlements before Dec. 31, 2013.

The state government's liability is limited to $5 million by state law, but state lawmakers voted in March to give an additional $6 million to the stage collapse victims.

Allen said he was disappointed with the suggested trial timing but pleased with the overall ruling.

"We believe that the case could be tried easily within a year," said Allen, whose clients were the only ones requesting an earlier trial date.

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 IBJ 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

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. RKW's comments read like a modern "Chicken Little". As a Raintree resident for many years, "Yes, I'm ready for this." Matter of fact, I welcome The Farm because it's a development that compliments our town, brings new and desirable shopping & dining closer (specialty grocer, upscale shops, micro brew pub, etc), offers upscale condos for empty nesters who want to stay in Zionsville, is being planned and constructed by local, well-reputed firms and, of course, provides desirable non property tax benefits. We all knew the Pittman's were going to develop their property sooner than later. That one of the Pittman's will continue to live on the property helps assure The Farm will be everything promised. This also sets a standard for other developers as to the quality of future developments - which should keep an ugly Walmart at bay for decades. As we've no meglomaniac mayor, I seriously doubt Zionsville would ever aspire to over-priced statues or subsidized retail rents. And we already have a very nice public theater, the Zionsville Performing Arts Center, that meets our cultural needs quite nicely.

  2. Do we add (or subtract) these from the bounty we recieve from RTWFL, Daylight Savings Time, corporate tax giveaways, and the crack job IEDC is doing?? Or is Mike going to blame these on Mitch?

  3. Who makes Tater Tots? They would be a good sponsor, because $3 Million for the alleged "Greatest Spectacle In Racing" is taters. Tiny, tiny taters. But at least they are making up something of the losses accumulated over the years in this dying sport. Buttock in seat is certainly not doing it, nor eyeball on TV, as evidenced by the lack of both.

  4. We loved lakehouse and think the Arbor Village would be a great location. It is less than 2 miles from over 1000 rooftops in the 225,000 to over 1 million range. Many people could use the great fishers trail system to bike or walk there. Just an idea Scotty -- but maybe something closer to 3 Wiseman would good. The only microbrew in area is Ram (boring)

  5. True, it's an ESPN production, but ESPN is just another name for ABC Sports, or what used to be ABC Sports since ABC Sports no longer exists as a name. ESPN=ABC Sports= ESPN. ESPN is, according to Forbes "the world's most valuable media property" worth $40 billion. Despite that, they fired 400 people this week.

ADVERTISEMENT