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Indiana State Fair Lawuits Not Likely to Go to Trial Until 2014

Indiana State Fair stage collapseJessica Silas, AP

INDIANAPOLIS - A group of lawsuits related to last summer's deadly Indiana State Fair stage collapse likely won't go to trial for nearly two years, according to a judge's ruling that also warned attorneys not to release any evidence in the high-profile case.

Marion Superior Court Judge Theodore Sosin released an order acknowledging that most attorneys in the case want a trial no earlier than April 1, 2014. The judge didn't set a trial date but ordered both sides into mediation to try to work out a settlement.

The order also warns lawyers that they could face sanctions if they say anything or disclose evidence that might prejudice court proceedings, noting such a move would violate a protective order and legal codes of conduct.

"The court acknowledges that this case has and will continue to generate significant pretrial publicity," Sosin wrote.

The judge didn't rule out sanctions for past transgressions.

At a May 9 hearing, Sosin criticized attorney Kenneth J. Allen, who is representing several victims and their families, for releasing portions of a videotaped deposition by Sugarland lead singer Jennifer Nettles. Stage rigging fell onto a crowd of people waiting for the country music duo to take the stage as stormy weather moved in on Aug. 13. Seven people were killed and dozens were injured.

Allen said Wednesday that he released the Nettles video April 16 in response to misleading statements by Sugarland's publicists.

"All we've tried to do is to ... control what we believe to be the false assertions made by the other side. And I think that's what the rule contemplates," Allen said. "We have the right and duty to rebut it and that's what we've done."

Sugarland's spokesman declined comment Wednesday.

Allen also said he wasn't the first to release depositions taken from witnesses in the case. Mid-America Sound Corp., which built the roof and rigging used to hold the lights and sound equipment at the concert, released portions of a deposition in January by Indiana State Fair Commission executive director Cindy Hoye.

A spokeswoman for Mid-America also declined comment, citing the judge's order.

Victims and survivors' families who are seeking millions of dollars in damages have filed lawsuits against various entities involved in the show.

The judge's order, dated May 24, outlines a plan to consolidate pretrial preparation for the lawsuits. It also requires attorneys for both sides to take part in mediation toward possible settlements before Dec. 31, 2013.

The state government's liability is limited to $5 million by state law, but state lawmakers voted in March to give an additional $6 million to the stage collapse victims.

Allen said he was disappointed with the suggested trial timing but pleased with the overall ruling.

"We believe that the case could be tried easily within a year," said Allen, whose clients were the only ones requesting an earlier trial date.

Copyright 2012 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. Active hyperlinks have been inserted by AOL.

Watch Sugarland Pay Tribute to Indiana State Fair Victims
Sugarland Pays Tribute to Ind. Collapse Victims

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Melissa

I totally agree with Eric Barnes...this was an act of nature of act of God. Whatever you want to call it so it is nobody's fault. It is about time Congress steps in and passes legislation that says 1 million dollars is the top limit for payouts from either insurance companies or individuals. This lawsuit is obviously going to bankrupt one of these parties and why the heck Indiana would vote to give 6 million more on top of the 5 million to the victims is beyond me. I guess that state has more money than they know what to do with so why not give it away for something that could not be helped.

June 05 2012 at 9:30 PM Report abuse rate up rate down Reply
eric barnes

The longer this is drug out, the more lawyers get for expenses. This was a act of nature , should not be someones fault just so money can be sucked out of some insurance company.

June 05 2012 at 2:42 PM Report abuse +2 rate up rate down Reply
Koz

Act of GOD. It was an accident.
I was sitting on the deck next to a lake this past Sunday. It was cloudy and the umbrella was up. All of a sudden the wind picked up, first thing was close umbrella, second thing was get under shelter. About 3 minutes later the sky opened up and it poured along with 20 mile and hour winds.
What does it take to come out of the weather for some people.

June 05 2012 at 1:13 PM Report abuse +2 rate up rate down Reply
1 reply to Koz's comment
robaguilar3

the issue will be an act of god v poor contrsuction/maintenance.... I am certain that if it was your wife, son, mother, daughter, brother, sister, cousin or some other family member that died or was catastrophically injured due to the poor construction or maintenance of the stage you may be thinking differently..................

if the company that built and maintained the stage did something wrong or overlooked safety features then you would want to be compensated for thier negligence and your families pain and suffering......

June 05 2012 at 2:50 PM Report abuse rate up rate down Reply
1 reply to robaguilar3's comment
Melissa

You are wrong. There was nothing wrong with the construction and there is no way to prove that since the storm destroyed everything and any evidence that went with it. I don't believe in individuals suing everytime something bad happens. This was a storm and if the storm did not come, none of this would have happened. Period.

The same goes for plane crash victims. If a person is stupid enough to get on a plane, they they agree to risk their lives in the event of a plane crash. No one told them to get on so why should their families sue for millions when the vicim made the decision to fly. I think airlines should put that in the ticket contract that they are not held accountable if a plane crashes for any reason. FLY AT YOUR OWN RISK. The same goes for concerts. If you make that decision to go to one and a freak storm comes out of nowhere, they it is your responsibility to decide if you should stay or go. You are responsible for your ownself. Not the artists or the concert venue. PERIOD!!!

June 05 2012 at 9:38 PM Report abuse rate up rate down
Tobby

Rain. act of god, cannot be controlled. If someone doesnt know its going to be extremely windy...etc. Still act of god. Thats like saying, we know it may rain, but we had no idea a tornado was going to rip through a trailer park. With the winds getting worse, fans also have an option to try to take cover, just as an obese person has the option to eat constantly or not. It was an unfortunate accident. No one anticipated winds of that proportion. Even if they canceled the concert at last minute, if it still fell on fans, someone would sue. Its like putting up signs at a swiming pool, danger, water may drip from body after getting on pool, please be careful going up high-dive. then have the person slip on the diving board and have an accident. there should be some common sense in this world. With people sueing everyone at ever chance they can, it makes it harder for people to be responsible. Thats like choking on food. there was no sign that said i had to CHEW it. (its food! duh!) A large, quick to assemble METAL construction. Rain (duh, get away, it may attract lightning) there's one instance to move away. Watching the winds get stronger....it starts to sway....more common sense to Get away from it. If ligjhning strikes a tree and it falls onto a parked car, and the driver dies, is it the land owner responsible, or the auto manufacturer for making a flimsy roof that dont cave under thousands of lbs of pressure? Neither...Neither can anticipate acts of god.

June 05 2012 at 12:51 PM Report abuse +1 rate up rate down Reply
1 reply to Tobby's comment
robaguilar3

the issue will be an act of god v poor contrsuction/maintenance.... I am certain that if it was your wife, son, mother, daughter, brother, sister, cousin or some other family member that died or was catastrophically injured due to the poor construction or maintenance of the stage you may be thinking differently..................

if the company that built and maintained the stage did something wrong or overlooked safety features then you would want to be compensated for thier negligence and your families pain and suffering......

June 05 2012 at 2:50 PM Report abuse rate up rate down Reply

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