Federal Suit Challenges Ind. Damage Limit for State Fair Victims

September 26, 2011

A federal lawsuit is challenging an Indiana law that caps the state's liability for damages at $5 million in the collapse of a stage at the Indiana State Fair.

The lawsuit was filed Monday in U.S. District Court in Indianapolis on behalf of the estates of three of the seven people killed in the Aug. 13 collapse and three others who were injured. It seeks class-action status on behalf as many as 70 plaintiffs.

The lawsuit says the state liability cap violates the due process and equal protection clauses of the 14th Amendment, federal laws and the Indiana Constitution.

Attorney General Greg Zoeller says he will defend the liability cap and has brought in victim compensation expert Kenneth Feinberg to help distribute the $5 million to victims fairly and equitably.

Story source: WILL