Indiana News

Attorney General Requests Dismissal of State Fair Lawsuit

Zoeller says law firm did not follow proper procedure

8/29/2011

The attorney who filed a class-action suit on behalf of all audience members at the State Fair's Sugarland concert calls a state dismissal motion "silly."

Listen:
 

State law requires people with claims against state agencies to file a notice and give the state 90 days to respond. Attorney General Greg Zoeller has asked Marion Superior Judge Theodore Sosin to throw out the class-action because it was filed the same day as the claim notice. He calls the suit an attempt to "cut in line" in front of other defendants.

Attorney Irwin Levin responds his lawsuit acknowledges up front that the state has no duty to respond for 90 days, and no action will be taken until then. He says the dismissal motion only delays compensation to people who deserve it.

The suit on behalf of Angela Fischer, who witnessed the State Fair stage collapse but was not physically hurt, names four private defendants. Levin notes the suit will continue against them regardless of how Sosin rules on the dismissal motion. And he says he can always refile the suit against the state in November if the ruling goes against him.
 
Five other tort claim notices have been filed with the state over the stage collapse, which killed seven people and injured 45.
 
No hearing date has been set in the case.
 
MORE FROM WIBC NEWS:
» Wrongful Death Lawsuit Filed after State Fair Tragedy (8-29-11)
» Local Clinical Psychologist Explains PTSD (8-24-11)
» Lawyers Disagree On State Fair Stage Collapse Lawsuits (8-24-11)
» Class Action Lawsuit Filed in State Fair Stage Collapse (8-23-11)
» 7th State Fair Victim Confirmed Dead (8-23-11)
» State Fair Disaster Brings Organ Donations to Light (8-22-11)
» Family of State Fair Victim Files Tort Claim Notice (8-22-11)
» State Fair Remembrance Fund Continues to Grow (8-22-11)
» Arrangements Made for Sixth State Fair Stage Collapse Victim (8-22-11)
» State Police Retract Report of State Fair Victim's Death (8-22-11)
» First Lawsuits Filed After State Fair Tragedy (8-19-11)
» State Fair Tragedy Claims Sixth Victim (8-19-11)
» Law Limits State's Potential Liability in State Fair Disaster (8-19-11)
» Train & Maroon 5 Hold Benefit Show at Conseco Fieldhouse (8-19-11)
» Sugarland Pays Tribute to Victims of State Fair Disaster (8-19-11)
» Firm to Review State's Preparedness, Response to Collapse (8-18-11)
» State Fair Victim Laid to Rest (8-18-11)
» Crowd Safety Expert Speaks on State Fair Tragedy (8-18-11)
» Victims' Lawyers Reserving Judgment on Possible Stage Collapse Lawsuits (8-18-11)
» Engineers' State Fair Investigation Includes Piece Designed to Pop Off (8-18-11)
» Funeral Service for Victim of State Fair Disaster (8-18-11)
» The Show Must Go On? (8-18-11)
» State Senators on Possible Legislation Following State Fair Disaster (8-17-11)
» Seating Plan Announced for Rescheduled Concert (8-17-11)
» Engineering Firm Hired to Investigate Stage Collapse (8-16-11)
» VIDEO: Stage Collapse in 137 Still Frames (8-16-11)
» 18 State Fair Victims Still Being Treated (8-16-11)
» Daniels Cautions Against "Witch Hunt" in State Fair Probes (8-16-11)
» Ticket Sales Halted for Relocated Maroon 5/Train Concert (8-16-11)
» Sugarland Plans "Private Memorial" in Indiana (8-16-11)
» State Fair Concert Rescheduled; Proceeds to be Donated (8-16-11)
» Remembrance Fund Established for State Fair Victims (8-15-11)
» Meteorologist Explains Wind Gusts at State Fair (8-15-11)
» Victims Remembered with Memorial at State Fairgrounds (8-15-11)
» Indiana Mother Recounts Moments Before and After State Fair Stage Collapse (8-15-11)
» Expert: Focus Also on What Went Right at State Fair (8-15-11)
» Some State Fair Events Postponed or Canceled (8-15-11)
» Public Officials Speak Out on State Fair Stage Collapse (8-14-11)
» Victims of State Fair Tragedy Identified (8-14-11)
» PHOTOS: Stage Collapse at Indiana State Fair (8-14-11)
» Fairgrounds Disaster Has Precedent (8-14-11)
» Red Cross Responds to State Fair Tragedy (8-14-11)
» Fan at State Fair Concert Reacts to Collapse (8-13-11)
» State Fair Stage Collapses (8-13-11)
·
Like

Copyright by WIBC.com © 2012. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


WIBC News Traffic Hotline

If you see a news story or traffic tie-up, let us know!

Call:  317.637.6397

Email:  news@wibc.com

Send photos:   pictures@wibc.com

Search WIBC.com

Garrison Chicks Abdul At Large Abdul At Large