Suit seeking class action status filed over deadly Indianapolis stage collapse

INDIANAPOLIS—An Indianapolis-based law firm has filed a lawsuit seeking class action status on behalf of all victims of the Aug. 13 stage collapse at the Indiana State Fair.

Cohen & Malad L.L.P. filed the suit Monday in Marion County Superior Court in Indianapolis. The suit alleges that the state of Indiana and the companies involved in putting on the Sugarland concert at which the stage collapsed were negligent in handling the event and in failing to ensure that the stage structure was safe. It also claims there were design and manufacturing flaws in the stage’s roof.

The stage collapse has resulted in seven deaths so far and injured numerous others.

Several entities named in suit

In addition to the state, the suit names the Indiana State Fair Commission, the Indiana State Police and the Indiana Department of Homeland Security. It also names Greenfield, Ind.-based Mid-America Sound Corp. and Beverly Hills, Calif.-based Live Nation Worldwide Inc.

The suit doesn’t seek a specific damage amount, but Irwin Levin, a managing partner at Cohen & Malad said, “It’s clear that the damages would be in the many millions.”

In a statement, the law firm took issue with Indiana law that limits claims against public entities to $700,000 per person and a total of $5 million per occurrence. Because of the cap, the firm said it would take no fees for any recovery against the state.

The suit comes after two suits filed Friday on behalf of a Wanatah, Ind., couple, one of whom was killed in the stage collapse and the other injured. In connection with one of those suits, a LaPorte County, Ind., judge granted a plaintiff’s motion for a temporary restraining order to preserve the stage site and other potential evidence related to the stage collapse.