INDIANAPOLIS (AP) — An attorney for a 13-year-old Ohio girl hurt when a stage collapsed at the Indiana State Fair says he'll likely take her challenge to the state's $5 million cap on liability damages before the Indiana Supreme Court.
Attorney Robert Peck says an Indiana Court of Appeals ruling Wednesday upholding the liability cap has fundamental errors.
Peck's client, Jordyn Polet of Cincinnati, argued the cap violates the Indiana Constitution and that she was treated differently to other claimants who sued the state.
The 2011 collapse occurred when winds blew down rigging before a concert by the country duo Sugarland. Seven people died and more than 100 were injured.
Polet rejected the state's offer of $1,690 from the $5 million pool. The Indiana General Assembly later added $6 million to the pool.