Printed from BusinessInsurance.com

Lawsuits filed in Indiana State Fair collapse

Posted On: Aug. 22, 2011 12:00 AM CST

LaPORTE, Ind.—The first suits filed in connection with an Aug. 13 stage collapse at the Indiana State Fair that killed at least six and injured numerous others seek more than $60 million in compensation and damages from a number of defendants.

The two suits were filed Friday in LaPorte, Ind., Circuit Court on behalf of a couple from Wanatah, Ind., of whom one was killed and the other injured in the incident.

The suit filed on behalf of Tammy VanDam seeks $50 million for her estate. The suit for Janeen Beth Urschel, who survived, seeks $10 million plus punitive damages.

Defendants in the suit include Greenfield, Ind.-based Mid-America Sound Corp., which owned the stage's rigging; Indianapolis-based Live 360 Group, which booked the Sugarland show at which the stage collapse occurred; and Beverly Hills, Calif.-based Live Nation Entertainment Inc., owner of Ticketmaster.

Among other things, the suits allege that the defendants didn’t exercise reasonable care in managing, maintaining, setting up and inspecting the concert and its stage area; failed to properly monitor wind and weather conditions; and failed to reasonably follow contingency plans for dealing with adverse weather.

The suits also allege that the stage area was overloaded with equipment, that the stage roof was improperly configured and set up, and that the defendants failed to lower the roof when they should have realized weather conditions created a dangerous situation.

The VanDam suit also names the state of Indiana and the Indiana State Fair in connection with a second count seeking a temporary restraining order aimed at preserving evidence related to that case.

The potential exposure of the state and the fair is limited by Indiana law, which caps damages against public entities to $700,000 per person and a total of $5 million per occurrence.