Judge allows Ind. State Fair victims to form class

AP News
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Posted: Nov 23, 2011 9:26 PM
Judge allows Ind. State Fair victims to form class

A federal judge has certified the victims of the Indiana State Fair stage collapse as a single class in a lawsuit challenging a law that caps the state's liability at $5 million.

U.S. District Judge Sarah Evans Barker ruled Wednesday on several motions brought in a lawsuit filed by the estates of three of the seven people killed in the Aug. 13 collapse. She agreed to certify a class of all the victims of the collapse _ including more than 40 other people who were injured _ in a federal constitutional challenge to Indiana's tort claim law that caps the state's liability.

However, Barker has denied the plaintiffs' request for a preliminary injunction in the case because she says they haven't shown they are likely to win the challenge.