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State Fair Victims Attorney Questioning Class Action Lawsuit

Attorney Kenneth Allen said a class action suit on behalf of any person injured physically or emotionally should not apply and would only "muddy the water."

stage collapse

Photo: Rich Evers (Flickr)

Several thousand people could potentially participate in the class action lawsuit brought against the state of Indiana.

Two Indiana law firms are sparring over lawsuits filed in the Indiana State Fair stage collapse.

Attorney Kenneth Allen filed a suit on behalf of the family of Tammy Vandam, who was killed in the collapse. He said a class action suit filed by Cohen and Malad of Indianapolis on behalf of any person injured physically or emotionally should not apply and “muddies the waters.”

“I think it plays into the hands of people who are concerned about frivolous lawsuits and too many lawsuits,” said Allen. “Frankly if everyone at the event were able to bring a lawsuit there would be 12,000 lawsuits and I think it would be out of control.”

Cohen & Malad Attorney Irwin Levin said his firm filed the class action lawsuit after clients who were physically or emotionally injured in the collapse were referred to his firm. Levin said Indiana law allows anyone who was impacted in any way after witnessing the collapse is entitled to compensation.

Irwin countered that the class action provides relief for someone who was injured or has post traumatic stress disorder and somehow would not come forward within the regular statute of limitations. Several defendants are named in each suit.

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