Wreckage From State Fair Collapse Stolen

WTHR's Sandra Chapman has learned that some of the wreckage from last year's State Fair stage collapse, which was being stored at a secured warehouse as potential evidence in pending litigation, has been stolen. According to Chapman's report, every piece of the wreckage was carefully logged by structural engineers hired by the state to assist in the investigation, along with representatives of the victims who died or were injured during the collapse, before it was moved to the undisclosed warehouse for safekeeping. It sounds like thieves may have entered the building last week looking for copper wire but settled on removing cable that was used to help hold the stage together. It's unclear whether security cameras for the building captured the break-in. The building's fire alarms were sounded last Friday, but the owners didn't find any problems when they arrived to check on the building. Chapman said the theft was discovered on Monday when cut telephone lines were discovered. Apparently the thieves entered the building through the roof. Structural engineers are scheduled to return to inspect the wreckage next week to assess what all was stolen. Chapman says the state is paying the building's owner $1,400 a month to store and secure the wreckage. Her report did not identify the building's location for security reasons.

Whose Interests Is Zoeller Representing In Stage Collapse Case?

The Indiana General Assembly approved $6 million in additional state funds to pay out to the victims of last summer's Indiana State Fair stage collapse during a Sugarland concert that left seven persons dead and about 60 other injured, some suffering serious and permanent injuries. Under Indiana's Tort Claim Act, the state's liability is capped at $5 million. The Star is reporting today that Attorney General Greg Zoeller is conditioning the payout of the additional state funds to the victims on their agreeing to release two other potentially liable parties, which have agreed to pay a combined $7.2 million in compensation to the victims.

The two companies contributing the $7.2 million are Mid-America Sound Corp. and James Thomas Engineering -- which were named as defendants in lawsuits stemming from the collapse.

All claimants who filed tort claims are allowed to apply for the supplemental funds, but to receive funds, they would need to release the two companies from further legal action, Zoeller said.

Victims can start applying next week. The funds would be paid out at the end of the year as provided under state law.

Am I missing a part of the legislature's $6 million appropriation? Did the law say that the victims couldn't receive that money until they agreed to settle their claims with these two particular parties. And why is Zoeller limiting this demand for the benefit of only these two parties? I find myself sympathizing with one of the victim's attorneys on this, who had this to say:

Attorney Kenneth J. Allen says Zoeller's plan seems like a "payoff" to protect the companies. Allen represents the families of three people who died in the stage collapse last August and others who were injured. He praised lawmakers for approving the additional $6 million this year.

I'm not familiar with all of the victims' claims, but the potential liability given the large number of victims is quite substantial given that there are seven dead people and 60 others claiming injuries. The combined $13.2 million that Zoeller is attempting to broker may seem like a lot of money, but when you divide that among a large class of plaintiffs, it's not a whole lot of money. State Rep. Ed DeLaney is also questioning Zoeller's move according to WTHR:

State Representative Ed Delaney credits Zoeller's creativity, but says this is not what lawmakers had in mind.

"No," he said emphatically.

Delaney pushed lawmakers to approve more money to cover the state's liability alone, but got just $6 million.

"That's not what this is, a public-private partnership," DeLaney told 13 Investigates. "This is an after the fact attempt to deal with a disaster and it's not ultimately the function of the state to protect private companies," he said, taking issue with the idea . . .

"We have a constitutional provision that says basically we're not suppose to settle individual cases and we seem to be dangerously close to doing that, don't we?" questioned DeLaney . . .

Two Women Charged For Filing False Claims In State Fair Stage Collapse

Two Indianapolis women who didn't even attend the Sugarland concert at the Indiana State Fair this summer when the grandstand stage tragically collapsed, killing several concert-goers and injuring dozens of others, filed false claims with the state and a victim's fund seeking compensation for injuries they never sustained. Marion Co. Prosecutor Terry Curry announced that the two women are now facing charges for forgery, perjury, theft and attempted theft. WTHR reports on the two women's scheme to defraud the state and the victim's fund:

Prosecutor Terry Curry says Stephanie Murry and Sandra Hurn submitted claims to the Indiana State Fair Remembrance Fund (ISFRF) and the Indiana Tort Claim Fund, which is administered by the Indiana Attorney General's Office. Authorities say the women each submitted claims totaling $22,500.

According to the prosecutor, the women claimed they were injured in the Aug. 13 stage collapse. The prosecutor's office alleges that the women falsified hospital records in order to be eligible to make claims to both funds.

"The state police determined pretty that the medical records submitted were falsified," said Curry.

In fact, Curry said, neither Hurn nor Murry even attended the concert.

"It would certainly appear from the investigation that neither woman was actually at the State Fair," Curry told Eyewitness News. "Sandra Hurn stated who she went with and that she was there for a couple of the Sugarland songs which obviously Sugarland never performed that night." . . .

Curry says Hurn collected $7,500 from the ISFRF, but Murry's claim was denied because her alleged injuries did not meet qualifications to receive ISFRF funds.

Both women also submitted a notice of tort claim to the Indiana attorney general's office, and both were notified they would receive money from the fund. But Hurn was arrested when she went to pick up a claim check, and Murry was arrested a short time after that.

"It's beyond troubling in a situation which was clearly a tragedy, people were legitimately injured even killed, that there are people out there that in turn exploit it for their own gain," said Curry . . .

Stephanie Murry has been charged with one count of forgery (class C felony), one count of perjury (class D felony), and one count of attempt theft (class D felony).

Sandra Hurn has been charged with three counts of forgery (class C felony), two counts of perjury (class D felony), one count of theft (class D felony), and one count of attempt theft (class D felony).

The maximum penalty both women could face for a class C felony is eight years in prison and a $10,000 fine.

It's refreshing to see that the Marion Co. Prosecutor's office takes the crime of forgery seriously. I'm defending several lawsuits filed by an Indianapolis business, which is a serial litigator against its former employees and seems to have a propensity to forge contracts it attaches to its lawsuits against its former employees. At least one Marion Co. judge says you can't sue the employer for forgery as long as the employer withdraws the forged document after you catch them trying to use it in litigation. I'm assuming Terry Curry rightfully didn't give these two women the option of withdrawing their claims and declaring "no harm, no foul." It can be a very strange legal system in this county depending on who's calling the shots.

State Investigators Search Local Stagehands Union Offices

The office of the local International Alliance of Theatrical Stage Employees was searched today by the Indiana Department of Labor as part of an ongoing investigation of this summer's stage rigging collapse at the State Fair grandstand that killed seven and injured dozens more. A spokesman tells WRTV that the search warrant was carried out because the union had refused to provide information requested of it. The spokesman emphasized the investigation was not criminal in nature.

IDOL spokesman Robert Dittmer stressed that the inquiry was not criminal in nature. He said investigators sought a search warrant after requests for information were denied by the union.

"To protect the integrity of the ongoing investigation into the terrible tragedy at the state fair, no further information regarding the investigation will be released until the entire report is presented publically," Dittmer said in a statement.

A State Fair contract for stage performances at the grandstand gave the local union responsibility for the set-up of the stage rigging used the night it collapsed prior to the start of a Sugarland concert. One stage hand worker working on the stage rigging the night of the collapse was among the dead. Under the contract, the union was responsible for obtaining all permits, approvals and licenses, as well as ensuring that health, safety and environmental standards were met. The contract stated, however, that the union would not be liable for injury to any person or damage to property arising out of the acts or omissions of its union workers.

State Fair Contract Made Local Union Responsible For Stage Set-Up

The International Alliance of Theatrical Stage Employees Local 30 has been noticeably quiet since the collapse of the Indiana State Fair grandstand stage rigging that claimed seven lives, including a member of its own union, Nathan Byrd and injured dozens more. WTHR's Sandra Chapman learns why the union has been so quiet. Although Mid-America Sound owned the stage rigging equipment, the State Fair contract made the local union entirely responsible for the stage rigging set-up and operation:

Local 30's contract with the Indiana State Fair Commission says the union is responsible for the set-up, because it supplied all of the labor.

Mid-America Sound owned the stage, while the commission paid Local 30 to handle "...all phases of stage scaffolding set-ups and tear-downs...and the installation, operation and dismantling of permanent or temporary sound, lighting and audio visual equipment."

"...The Union shall obtain and maintain all required permits, licenses and approvals, as well as comply with all health, safety and environmental statutes, rules or regulations..."

Under the agreement, the commission even promised to pay for one testing session for one employee each year through the Entertainment Technician Certification Program.

The certification program manager says Indiana has seven arena riggers certified through its program to set up temporary stages.

Nathan Byrd was not one of them.

Despite the responsibility of the local union for the stage-rigging equipment under the contract, neither the union nor the State Fair Commission is liable for injury or death to any persons due to the union's negligence:

The State Fair Commission's contract with Local 30 states:

"Neither party will assume liability for any injury (including death) to any persons, or damage to any property arising out of the acts or omissions of the agents, employees or subUnions of the other party."

Local 30's Agent Representative refused to answer any of our questions, and referred us to his attorney Bill Groth, who was not available.

It's unclear at this time if Nathan Byrd was involved in the set-up of the stage. But Byrd's brother told Eyewitness News some co-workers admitted problems with the stage days before the collapse.

A short time after the stage collapse, I was contacted by a relative of one of the local union's workers, who had worked on the stage rigging equipment in past years but not this year. According to this person, his relative refused to work at the State Fair this year because he said the stage-rigging equipment was deficient and dangerous. I asked the person if I could interview him about the concerns he had. He said no because the relative was concerned the union would retaliate against him and he would be denied future work opportunties. City-County Councilor Joanne Sanders (D) serves as an international representative for the union.

State Agrees To Pay Out $5 Million To State Fair Stage Collapse Victims

Indiana's tort claims act limits the total amount of claims against the state for the tragic collapse of the Indiana State Fair grandstand stage rigging that killed 7 concert-goers and injured more than 40 others to $5 million. Today, Indiana Attorney General Greg Zoeller announced the state would pay the maximum amount permitted by law. The state also announced that Kenneth Feinberg, the administrator of the fund that paid out claims to victims of the 9/11 terrorist attacks, had offered his services pro bono to administer the payout of claims to the victims of the state fair stage collapse.

State Fair officials also indicated that a special remembrance fund has raised more than $800,000 to date for the victims, including $554,000 raised from the proceeds donated from the Maroon 5 and Train concert relocated to Conseco Fieldhouse that was originally scheduled to take place at the State Fair's grandstand prior to the stage collapse. Feinberg will aid the fund in the distribution of the donated funds to the victims.

WRTV also reported today that a contract between the State Fair and Sugarland would have required the payment of at least $335,000 to the band even if the concert had been cancelled due to the approaching bad weather that toppled the stage rigging a short time before the band was scheduled to take the stage. In light of the tragedy that ensued, Sugarland notified state fair officials that it would not seek payment for the contracted amount. Fair officials insist money had nothing to do with their decision not to call the concert due to the approaching severe thunderstorm.

Attorney General Moves To Dismiss Class Action Lawsuit

Attorney General Greg Zoeller's office today filed a motion asking a Marion County judge to dismiss a class action lawsuit Cohen & Malad filed last week seeking to include everyone who attended the Sugarland concert at the Indiana State Fair grandstand as a plaintiff in the wake of the stage rigging collapse that left seven dead and more than 40 others injured. Indiana's tort claim statute requires claimants to provide a notice of their tort claim to the Attorney General and allow the office 90 days to respond before filing a lawsuit against the state. Unlike the Cohen & Malad lawsuit, attorneys representing six other claimants filed tort claim notices with the state and withheld naming the state as a defendant until the state had the opportunity to respond to the claim in accordance with the tort claims statute. The Star's Carrie Ritchie reports:

Attorneys at Indianapolis law firm Cohen and Malad didn’t give the state 90 days to respond before filing suit on behalf of Angela Fischer and all of the stage collapse victims.

In the suit, Fischer claims that the collapse, which killed seven and injured dozens, caused her to suffer "severe emotional trauma." She was not physically injured.

Some local attorneys have been critical of the suit and have questioned whether it’s a publicity stunt.

However, Attorney General Greg Zoeller said in the news release that his request for the dismissal is based on procedure, not the merits of the suit.

“We can’t have one claimant try to cut in line when other claimants are following the rules,” Zoeller said in the release.

The state has received six tort claim notices so far, and the people pursuing the class action suit were the only ones who didn’t follow the proper procedure, according to the release.

A copy of the Attorney General's motion can be viewed here. It also points out that the plaintiffs' attorneys in the class action lawsuit failed to identify the address of the claimant as required by Indiana's tort claims act.

Class Action Suit Harms The Real Victims

With much fanfare today, the law firm of Cohen & Malad announced it had filed a class action lawsuit in the Marion County Superior Court on behalf of "all victims of the Indiana State Fair stage collapse." According to a press release put out by the law firm, the lawsuit "alleges that the State of Indiana and the companies involved with installing and maintaining the structure were negligent in their handling of the event and in failing to ensure that the structure itself was safe." It continues, "The class action lawsuit also alleges that there were defects in the design and manufacture of the Supertruss load bearing roof structure." In order to maximize the recovery for the "victims," the law firm has graciously agreed to donate its time "by waiving our fees for claims against the State." The only named plaintiff in the firm's initial lawsuit is Angela Fischer, a concertgoer who was neither physically injured nor lost a family member in the state fair tragedy. Fischer claims she suffered "severe emotional trauma" from witnessing the event and its aftermath.

As an attorney, I believe that all of the "victims" of this tragedy deserve to be compensated for their losses. Having said that, I find what Cohen & Malad is doing with this class action lawsuit both a disservice to the real victims of the tragedy and the legal profession at large. To date, seven people have died as a result of the tragedy and more than 40 others have suffered "physical injuries." The total amount available for all of the injured class of persons from the event under Indiana's tort claim statute is $5 million. Further, the most any individual can recover from the state is capped by statute at $700,000. Cohen & Malad says it is waiving its fees against the state so "more of these limited funds can go towards covering the real economic losses of those affected by this tragedy." The applicable word here is "affected" as opposed to injured. Yeah, I was deeply affected watching the twin towers live on TV come crashing down after two jet airliners were crashed into them by terrorists, but I didn't suffer the real injuries of those who lost loved ones or suffered life-threatening injuries from the terrorist attack. By seeking recovery for the thousands of people who merely witnessed the tragic event, this lawsuit actually harms the real victims--the dead, the injured and their surviving loved ones.

It isn't clear to me how Cohen & Malad can prematurely file a lawsuit against the state before submitting its claim through the tort claim notice process first as the other attorneys representing real victims have done. Attorney Kenneth Allen filed a lawsuit in LaPorte County simply to get a restraining order against the state to prevent it from moving or altering the stage rigging wreckage in order to preserve evidence for potential claimants. A LaPorty County judge granted his motion today.

Reading the press release closely, you realize the firm is not waiving its fees for claims against other parties, such as the stage rigging operator, Mid-America Sound, or the concert promoter, Live Nation. Those entities are no doubt insured and have by far the deepest pockets to recover given the constraints of the tort claim caps on claims against the state. Prior to today's announcement, the lawsuits announced were made by attorneys representing the real victims, including Ladendorf & Ladendorf, Hastings & Hastings, Kenneth Allen and Carl Brizzi. It strikes me that Cohen & Malad is seeking to one-up the attorneys representing persons who suffered real harm by forcing the consolidation of the other cases into their class action lawsuit. This is evidenced by the firm's lawyers asking these other attorneys to waive their fees as well. "Cohen & Malad intends to reach out to and encourage other plaintiff’s attorneys representing those injured in this tragedy to also waive their fee for claims against the State," the press release states. This it seems to me is the kind of conduct that gives lawyers such a bad name. These other lawyers were contacted by the real victims to represent them in their claims, unlike Cohen & Malad. The firm's real motives here are less than transparent: sweep the case out from under these other attorneys in one fell swoop so their firm can alone drive this litigation.

Cohen & Malad's press release also used the filing of its lawsuit as an excuse to criticize Gov. Mitch Daniels for not calling for an increase in the tort claim liability caps in state law, which were last updated in 2003 prior to his election as governor. "Mr. Levin indicated that it is outrageous for Governor Daniels to come out and say that this was just a “fluke event,” and then to more recently say that those injured in this event should receive full compensation without taking a single step to raise the $5 million dollar cap on all claims," the press release states. Perhaps I'm too jaded in my views as a practicing attorney, but I'm not moved at all by Cohen & Malad's claimed generosity. It looks to me like this class action suit will seek recovery for people who really didn't suffer injuries, thereby diluting the claims of those who suffered real harm. Moreover, class action lawyers wind up taking a big piece of the pie for their costs and fees, leaving the multiple claimants with insignicant recoveries. Your thoughts?

UPDATE: It's been awhile since I looked at the standard in Indiana for proving negligent infliction of emotional harm in bystander cases so I looked it up. It looks like a Supreme Court case decided in 2000, Groves v. Taylor (729 N.E.2d 569), is the controlling precedent. The Court set out three considerations for separating legitimate claims from spurious claims:

First, "[a] fatal injury or a physical injury that a reasonable person would view as serious can be expected to cause severe distress to a bystander. Less serious physical harm to a victim would not ordinarily result in severe emotional distress to a reasonable bystander of average sensitivity." Id.

Second, emotional distress may accompany the death or severe injury of persons such as friends, acquaintances, or passersby. But the emotional trauma that occurs when one witnesses the death or severe injury of a loved one with a relationship to the plaintiff analogous to "a spouse, parent, child, grandparent, grandchild, or sibling is unique in human experience and such harm to a plaintiff's emotional tranquility is so serious and compelling as to warrant compensation." Id. (footnote omitted). Limiting recovery to those plaintiffs who have the specified relationships with the victim acknowledges the special quality of such relationships yet places a reasonable limit on the liability of the tortfeasor.

Third, "[w]itnessing either an incident causing death or serious injury or the gruesome aftermath of such an event minutes after it occurs is an extraordinary experience, distinct from the experience of learning of a" loved one's death or severe injury by indirect means. [citations omitted]

I'm not sure how a plaintiff like Fisher qualifies under this rendition of the direct impact test. The facts laid out in the press release do not suggest she witnessed the death or severe injury of an immediate relative as a bystander, even if she did experience the death or severe injury of other persons directly.

More On The Indiana State Fair Stage Collapse

UPDATED: 7TH VICTIM MISTAKENLY REPORTED AS DEAD. SEE UPDATE BELOW
The Star has a good story this morning by reporters John Russell, Heather Gillers and Tim Evans that examines the type of stage Indiana uses for its grandstand concert performances compared to that used at other state fair venues around the country.

 .  .  .  A look at other state fairgrounds across the nation turns up a mix of temporary and permanent stages, and some creative engineering to make them stand up to bad weather and remain versatile.

The Iowa State Fair uses a permanent stage, with steel beams and girders, which sits on railroad tracks. When the fair wants to clear the area for another outdoor event, it pushes the stage down the tracks.

"We never have to tear it down," said Lori Chappell, spokeswoman for the Iowa State Fair. "It's solid, but we can move it when we need to."

The Illinois State Fair uses a permanent structure built at the fairgrounds in Springfield decades ago. At the Ohio State Fair in Columbus, all major concerts are conducted in a permanent indoor concert facility.

In contrast, the Indiana State Fair, like many others across the country, uses a temporary stage. Each summer, shortly before the fair begins, stagehands erect portable metal towers and scaffolding upon a wide, permanent concrete slab in front of the Grandstand. Then various bands hang tons of gear from overhead trusses.

During high winds, the entire structure can sway and shudder. On Aug. 13, the stage rigging collapsed onto the Sugarland crowd just minutes before the concert was to start. Six people have died in the accident, and dozens were hospitalized. Fair officials later acknowledged the massive structure had not been inspected.

Last week, I mentioned how Illinois State Fair officials have stage rigging that allows the overhead canopy to be raised and lowered depending on weather conditions and special efforts fair officials take to make certain the load balance is proper--precautions that were notably absent when Indiana's stage rigging collapsed under high wind conditions as the legs simply buckled and toppled the structure. The Star discussed those differences with Illinois fair officials and the precautions they took when the same storm system moved through Springfield earlier the same day that the storm hit Indianapolis.

Erecting a permanent stage does not solve all problems or mean that fair officials can ignore bad weather. Two weekends ago at the Illinois State Fair, storms packing 60 mph winds moved toward the fairgrounds. Officials monitored weather conditions as they prepared for a major outdoor concert. Finally, as the winds showed no sign of abating, officials ordered the removal of a bank of heavy video screens suspended from the roof. Then they lowered the roof.

They took those precautions even though the stage is a permanent structure.

After the storm passed, workers reattached the video screens and hoisted the roof back in place for the night's show by rock band 3 Doors Down.

Stacey Solano, spokeswoman for the Illinois fair, said she did not know the reasoning behind the decision in the 1950s to construct a permanent stage. But it has served the fair well for decades.

Although the stage's supporting framework is permanent, the roof is temporary, Solano said. It is put up by contractors each year before the fair begins. When the fair is over, the roof is removed.

While the roof is in place, Solano said, officials closely monitor the weather. When storms are approaching, they lower the roof, which is done with powered winches.

"It gets it out of the wind and keeps the center of gravity a little lower," she explained. "It also helps protect equipment that is on the stage."

Workers also can take down a backdrop "so air can move more freely through the stage area" when bad weather threatens, she said.

Solano said concert speakers, which are elevated but not attached directly to the roof, also are lowered when winds increase. Before the roof and equipment are raised back into place, the stage set-up is closely inspected.

"Everything is checked daily," she said, "and sometimes several times a day."

The story indicates that a permanent stage structure that is more safe could cost in excess of $10 million, an amount the state fair fund seems to have available for such permanent improvements.

It also looks like another lawsuit will be initiated for one of the victims of the state fair tragedy. Former Marion Co. Prosecutor Carl Brizzi will send a tort claim notice to state officials today on behalf of family members of Gary Goodrich, a security worker for ESG Security who was killed instantly when the stage rigging collapsed.

UPDATE: The Star is reporting that the tragedy has claimed the life of a seventh victim. Citing a state police statement, the Star reported that  24-year-old cheerleading coach from Ohio, Meagan Toothman, succumbed to the severe injuries she sustained more than a week ago over the weekend at an area hospital where she was being treated. WIBC is now reporting that the report of Toothman's death was made in error:

State Police say they prematurely announced the death of a seventh victim of the State Fair stage collapse.

92 minutes after ISP reported Meagan Toothman, 24, had died of her injuries, spokesman David Bursten says Toothman remains on life support in very critical condition. He quotes Marion County Coroner Frank Lloyd's office as describing death as imminent.

Unbelievable. How could the Coroner's Office report someone's death is imminent? Are they her health care provider? Not hardly.

UPDATE: The family has indicated its intention to donate Toothman's organs in anticipation of her death following the removal of life support late last night. Her organs were to be removed surgically this afternoon. Technically, Toothman will be declared legally dead upon removal of the organs. This has created the confusion over the timing of her death. So Toothman becomes the seventh fatality as of today.

First Lawsuit In Indiana State Fair Stage Collapse Poses Interesting Challenges

A northwest Indiana attorney has filed the first lawsuit of many expected to be filed less than one week following the tragic collapse of the stage rigging at the Indiana State Fair Grandstand prior to the start of the Sugarland concert. Kenneth Allen represents the estate of Tammy VanDam, who died instantly when the stage collapsed upon persons seated in the VIP area immediately in front of the stage as high winds from an approaching severe thunderstorm reached the fairgrounds, and VanDam's surviving same-sex spouse, Janeen Beth Urschel, who survived but sustained injuries. Allen told reporters at a press conference yesterday that he intends to challenge Indiana's wrongful death statute, which does not permit surviving same-sex partners to recover for the loss of their spouse. Urschel said she and VanDam were married in Hawaii about ten years ago according to a report by the Northwest Indiana Times:

Urschel, 49, said she and VanDam, 42, met in 1999 and were married in Hawaii in 2001 or 2002. Although the marriage is not recognized in Indiana, Allen said he probably will challenge that in court so she would be able to be recognized as any other spouse.

"We had so many plans and things we wanted to do," she said.

Allen said he was forced to file the suits quickly to secure an injunction to prevent evidence from being tampered with or destroyed.

The wrongful death suit filed on behalf of VanDam seeks $50 million plus punitive damages, while the suit on behalf of Urschel seeks $10 million plus punitive damages. VanDam's 17-year-old daughter was at Allen's offices during the news conference but decided not to face the media.

"This was a terrible tragedy that could and should have been prevented; the responsible parties must be held to account," Allen said.

It's not clear how VanDam and Urschel could have been married in Hawaii because Hawaii has never permitted same-sex marriages. In 1993, the Hawaii Supreme Court ruled that the state's marriage law was unconstitutional insofar as it failed to recognize same-sex marriages; however, voters later approved a constitutional amendment in 1998 that expressly gave the legislature the power to ban same-sex marriages. A law passed earlier this year will legalize the recognition of same-sex civil unions but not marriages entered into in Hawaii beginning next year. There are presently only six states that recognize same-sex marriages, including Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont. Indiana passes its Defense of Marriage Act in 1996, which bars the recognition of same-sex marriages. VanDam is survived by a 17-year-old daughter, who does qualify to pursue a claim for the loss of her mother under Indiana's wrongful death statute.

The victims' survivors face further challenges in recovering for the death and injuries of their family members. While the lawsuit Allen filed on behalf of VanDam's estate and Urschel names as defendants a number of defendants, the most likely defendant, the state of Indiana which operates the state fair, is not named. That's because Allen is first required to provide the state with a tort claim notice within 270 days after a loss occurs. The state has 90 days to notify a claimant of the approval or denial of their claim. A claimant cannot sue the state until their claim has been denied in whole or in part. Worse for the victims of the state fair tragedy are the severe recovery limitations imposed by Indiana's tort claim statute. No person can recover more than $700,000 per occurrence, and the total recovery of all persons claiming injuries from a single occurrence is capped at $5 million. Given the large number of victims in this case, at least six dead and more than 40 injured, the individual recoveries from the state are going to be relatively small.

For now, Allen's lawsuit is seeking a restraining order to prevent the state or the state fair commission from disturbing the wreckage from the collapsed stage rigging. The state has hired Thornton Tomasetti to study the wreckage and the events surrounding the collapse of the rigging to determine a cause for its catastrophic failure. Witt Associates has been hired to investigate the preparedness and response efforts of state fair officials.

Allen has named several defendants in his initial lawsuit, including the most obvious, Mid-America Sound Corp., which owned and operated the stage rigging equipment that collapsed during the storm. Allen has also named Live 360 Group, which booked the Sugarland concert, and Live Nation Entertainment, which owns TicketMaster. Not surprisingly, the owner of Live 360 Group, Dave Lucas, tells the Star that he believes the lawsuit is misdirected. "My thoughts and prayers go out to the victims," Lucas said, "but our company . . . had absolutely nothing to do with the (stage) roof. Zero. That's all I can say." Interestingly, Allen did not name the band or its promoter as defendants. Allen's lawsuit for the two victims is seeking $60 million in damages, $10 million of which he says represents punitive damages.

Indiana State Fair Stage Collapse Claims Sixth Victim

A 22-year-old Ball State University student, Jennifer Haskell, has died from injuries she sustained from last Saturday's tragic collapse of the stage rigging during a severe thunderstorm prior to the start of a scheduled Sugarland concert at the Indiana State Fair Grandstand. She becomes the sixth fatality claimed by the tragedy a day after Gov. Mitch Daniels announced that he was appointing an outside emergency preparedness expert, Witt Associates, to review the preparedness and response of state fair officials last weekend. Haskell's best friend, Alina Bigjohny, 23, died instantly from injuries she sustained from the stage rigging collapse. Daniels earlier announced the hiring of an outside engineering firm, Thornton Tomasetti, to investigate the cause of the stage rigging collapse during high winds generated by an approaching severe thunderstorm.

Failure To Warn?

Fox 59 News' Jake Miller has video taken at the Indiana State Fair grandstand just four minutes before the wind gusts toppled the stage rigging that killed five persons and injured more than 40 others waiting for the start of Sugarland's concert. The announcer tells the audience Sugarland will take the stage in just two minutes as the camera recording his words pans to the northwest to show the ominous dark clouds approaching the state fairgrounds. Of course, Sugarland never stepped foot on the stage and most persons remained in their seats in anticipation of the concert's start, nothwithstanding the visibly approaching storm.

UPDATE: It looks like the stage rigging for Illinois' state fair grandstand stage does something Indiana's stage rigging does not do. Follow this link here and you will see how their covered canopy can be lowered when the winds are too high. Indeed, that's exactly what Illinois State Fair officials did last Saturday afternoon before the severe storms rolled into Indianapolis. This story in the Springfield Journal-Register discusses the precautions Illinois State Fair officials took:

The overhead rigging at the Illinois State Fair Grandstand stage can be lowered during times of inclement weather.

Saturday afternoon, for example, the rigging was lowered when the fair received a report that a storm was heading toward Springfield that had the potential for 60 mph winds.

Fair officials also shut down the carnival and told people over the public address system to seek cover in a building.

“When we heard there was a potential for 60 mph winds, we didn’t take any chances. We closed everything down,” Bliefnick said.

The fairgrounds only saw rainfall when the storm passed. . .

Clay Campbell, president of Triangle Talent, the booking and production agent for the fair, said that, in addition to being able to lower the rigging, employees keep a close eye on how much weight the acts propose to hang from the rigging.

“The guide wires are checked every day, and the feet of the tower are checked every day,” Campbell said.

Like Saxe, Beason resident Darwin Rademaker said the Indiana tragedy won’t deter him from attending shows at the Illinois State Fair.

“It was areak thing,” Rademaker said. “A storm brewed up, and, unfortunately, what happened happened. I don’t see anything like that happening here.”

Illinois State Fair Grandstand Stage Rigging by Mason Sound

State Fair Commission Retains Engineering Firm To Investigate Stage Rigging Collapse

Indiana State Fair officials are conducting a live press conference as I write announcing the hiring of Thornton Tomasetti, an internationally recognized structural engineering firm, to investigate the collapse of grandstand stage rigging equipment for Saturday night's Sugarland concert that left 5 persons dead and injured more than 40 others. State Fair Commission Chairman Andre Lacy made the announcement. A spokesman for Thornton Tomasetti provided no definite timeline at this point for completing the investigation.

Gov. Mitch Daniels, who originally blamed the stage rigging collapse on a freak of Mother Nature, earlier told reporters that he was surprised to learn that temporary structures like that used for the concert was not subject to inspection by state or local officials, indicating he would support a change in the law to address a hole in the law. Lacy also told reporters there will be an independent investigation of fair officials' decision not to cancel the concert and order an evacuation after being apprised of the approaching severe storm by the National Weather Service in Indianapolis.

Reporters are peppering Indiana State Fair Director Andy Klotz concerning the failure of state fair personnel to order an evacuation. Klotz became quite defensive and emphasized that concert goers were given instructions about where to seek cover, and fair officials were in the process of dispatching a person to the stage to order an evacuation when the wind gusts hit the stage rigging toppling it onto persons seated in the VIP seating area on the track. Klotz just ended the increasingly intense questioning and concluded the press conference.

Indiana State Fair Stage Collapse Tragedy

This home video footage captures the scene as people watched in horror at tonight's Indiana State Fair when a concert stage prepped for a performance by Sugarland collapsed on to people sitting in the VIP seating area immediately in front of the stage. WTHR-TV reports at least 4 are dead and 43 are being treated at area hospitals. Numerous eye witnesses complain that concert organizers failed to warn the audience to evacuate the area before 70 mph gusts blew into the fairgrounds with the leading edge of severe storms that hit the Indianapolis area tonight at approximately 8:50 p.m. Event organizers say a warning was made to concert-goers that severe weather was approaching and a decision had been made to begin an evacuation, but leading wind gusts from the severe storm hit the area and toppled the stage before the evacuation was undertaken.

The video footage below shows the chaotic scene as rescue workers and volunteers scramble to aid the injured.



UPDATE: The Indiana State Fair has been cancelled for Sunday in light of Saturday night's tragedy according to the Indianapolis Star. The fair will reopen on Monday.

Local TV stations are carrying a live press conference with Gov. Mitch Daniels, Indiana State Police and state fair personnel this morning at 10:00 a.m.. One of the injured died at a local hospital as a result of injuries sustained from the stage collapse, bringing the death toll to 5. The total number of injured has been estimated to be 45.

WTHR-TV has obtained from police the identities of the five fatalities:  Tammy Vandam, Glenn Goodrich, Alina Bigjohny, Christina Santiago, Nathan Byrd.