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Indiana seeks to dismiss proposed class action suit in deadly stage collapse

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INDIANAPOLIS—Indiana officials are seeking dismissal of a suit seeking class action status filed in connection with the fatal Aug. 13 collapse of a stage at the Indiana State Fair.

In the filing Monday, the state contends the suit is improper because the plaintiff's lawyer failed to follow the legal process set out in Indiana's Tort Claims Act, which requires anyone seeking payment for a loss or damages from the state to first file a tort claim notice with the Indiana attorney general's office.

Under Indiana law, the state has 90 days to review such tort claims and decide whether to approve or deny them. Suits cannot be filed against the state until the claim has been denied in whole or in part, according to the state's motion.

In a statement, the Indiana attorney general's office said that as of Monday, the tort claim notice filed Aug. 22 on behalf of Angele Fischer was one of six the state had received in connection with the accident, in which seven people were killed when a stage collapsed during a sudden storm prior to a performance by Sugarland.

By also filing suit the same day in Marion County Superior Court in Indianapolis, Ms. Fischer and her attorneys violated the tort claim procedure, the state contends.

Indiana law allows filing of tort claims against the state within 270 days after a loss occurs. Damage caps under Indiana law limit claims against public entities to $700,000 per person and a total of $5 million per occurrence.

Separately, another suit was filed in Marion County Superior Court Monday on behalf of the estate of Alina BigJohny, a Fort Wayne, Ind., woman killed in the stage collapse, and her parents, alleging recklessness and negligence on behalf of the concert's promoters and producers.

Among those named in the suit were Greenfield, Ind.-based Mid-America Sound Corp.; Indianapolis-based Lucas Entertainment Group L.L.C. and Live 360 Group; Beverly Hills, Calif.-based Live Nation Touring (USA) Inc.; and Indianapolis-based ESG Security Inc.

That suit follows two others filed Aug. 19 in LaPorte County, Ind., Circuit Court on behalf of a Wanatah, Ind., couple, one of whom was killed in the stage collapse that left the other injured.

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