Indiana Lawsuit Will Challenge State Damage Cap Following Stage Collapse

A wrongful death lawsuit filed in Indiana following a stage collapse at a Sugarland concert may challenge the state’s damage cap of $5 million. 

Seven people died in August at the Indiana State Fair when high winds from a powerful storm caused a stage to collapse.

On Monday, a class action lawsuit was filed on behalf of all of individuals killed or injured by the collapse, posing a potential challenge to the cap on damages the state can be required to pay for injuries arising from a single event. The complaint also names Mid-Sound Corp., which set the stage up, and other companies involved in the concert as defendants.

Attorneys for the plaintiffs who brought the Indiana lawsuit say that the $5 million is grossly inadequate to compensate the injured and survivors of the dead resulting from the accident. Critics of the cap say it goes against both the U.S. and Indiana constitutions by violating due process and equal protection clauses. However, the Indiana Attorney General’s Office has indicated they will defend the state’s decision to limit its own liability.

Lawsuits stemming from the stage collapse will also test the power of civil unions across state lines. One of the victims killed at the event was Christina Santiago, who was in a civil union with Alisha Brennon. The same-sex couple entered a partnership in June under the laws of Illinois. However, it appears that Indiana may ignore the couple’s legal status because, unlike marriages, civil unions do not legally apply across state lines.

Indiana, a conservative state, has determined to date that marriage is only between a man and a woman and is unlikely to recognize Brennon and Santiago’s relationship legally, meaning the state will attempt to avoid paying Brennon compensation for her loss in the same manner it would pay married partners in heterosexual relationships.

Observers say there is little chance of success in the lawsuit, which will require that Brennon’s attorney to argue that a civil union is equivalent to marriage, a move that is not likely to garner sympathy in Indiana courts.