State Fair victims sue state

INDIANAPOLIS (WISH) - The state is now named in the lawsuit filed by some of the victims of the State Fair stage tragedy.

At issue is the cap on the amount being paid out by the state. Indiana law provided $5 million to be shared among all of the victims of the State Fair stage rigging collapse, with more going to the families of those killed and to those badly injured.

But those who didn't accept money have the right to sue.

That includes the youngest sister of victim Jill Polet, who was badly hurt. Jordyn Polet wasn't physically hurt.

“I do know that the offer was not significant ... - made the decision a fairly easy decision to make,” said attorney Tony Patterson, who represents the family from Ohio.

The suit disputes the cap the state put on the damages it will pay and how it was distributed.

“That's one of the things that we're going to be talking about, is if it's constitutional to treat someone in a mass casualty different than an individual, and that's the basis of our claim,” Patterson said.

It's something other states have had to deal with. Now this suit will force Indiana to deal with it too.

“Courts around the country have found some caps to be constitutional and appropriate... . I think the courts are going to have to decide whether our caps are appropriate,” Patterson said.

Additional money has been added to the $5 million cap allowed by state law. This suit targets just the $5 million cap.

The state calls this move procedural and expected.

A spokesperson for the attorney general's office said they are continuing to work with all victims to seek what they call an “appropriate and respectful settlement.”