Photo: Rich Evers (Flickr)
A class action filed by Cohen & Malad alleges the State of Indiana and the companies involved with installing and maintaining the structure were negligent in their handling of the event and in failing to ensure the safety of the structure. Cohen & Malad partner Richard Shevitz said there are likely to be many plaintiffs.
“The class consists of all those people who were injured physically or emotionally by the State Fair tragedy,” Shevitz said. “That number is yet to be determined but obviously there are scores of people injured and many many more who were there emotionally affected by the tragic events.”
The suit also alleges there were defects in the design and manufacture of the roof structure. Shevitz said there are approximately 10 defendants in the suit. A news release from the firm says lawyers will work pro bono and not take a fee from any recovery against the state.
Indiana statute caps injury claims at $5 million total for all victims. Shevitz said the next step is to ask Marion Superior Court judge Theodore Sosin to certify the case as a class action lawsuit and to wait for the results of the ongoing investigation into the collapse.