The country duo Sugarland, its managers and crew have been named as possible defendants in potential lawsuits after this summer's tragic stage collapse at the Indiana State Fair. The collapse killed seven and injured 45 when strong winds blew the stage over onto concert-goers Aug. 13.
Bryan Corbin, public information officer at the Indiana Attorney General's office, said 21 tort claims have been presented to the state. Documents show six of these claims have cited the members, agents and employees of Sugarland as possible defendants.
By law, if a person intends to sue the state of Indiana, they must first file a tort claim notice with the state within 270 days of the incident. The state has 90 days, after the attorney general has received it, to approve or deny the claim. If the claim is denied, the plaintiff can sue.
Many of the comments from other news sources regarding Sugarland's mention in the claims have clustered around one basic question: If the stage collapse appears to be the fault of the weather and the stage, why are the band's Kristian Bush and Jennifer Nettles mentioned in the claims?
"At this stage, I'm sure the investigation is not completed, so they [plaintiffs] don't know who did what," John Connor, an attorney for Ball State's Student Legal Services, said. "A plaintiff's lawyer — a good one — is going to cover themselves by naming every and anyone who might have done something improperly."
Connor said the plaintiff will find out who is responsible through a process called discovery, where they will find out who has potential liability in the incident and who, from their list of possible defendants, they can legitimately seek compensation from.
"When you initially file your lawsuit, you want to name every and anybody who could possibly be responsible, because if you don't, and then you do your discovery, you find out, ‘Oh my gosh, it was Sugarland who brought their people in to construct that scaffolding' or something like that, the statute of limitations may have run out," he said.
The same method seemed to be in use when plaintiffs were asking for compensation in their claims. Several asked for no less than the $700,000 maximum the state can award in a tort situation where only one person was injured or killed. In the majority of these instances, they also asked for the $5 million the state can pay to all parties involved in a tort situation involving more than one person.
"What the plaintiff's attorney is doing, as we used to say in private practice, is they're looking for the deep pockets," Connor said. "They're looking for the potential for more money."
Corbin said that they're attempting to come up with a way to distribute the money fairly and equitably.
He said the state of Indiana has brought in attorney Kenneth Feinberg, an expert in victim compensation, who is working with the attorney general at no cost to the state. He worked with officials in the past to compensate those directly affected by 9/11, the BP oil spill, the Virginia Tech shootings and other tragedies.
"I am honored by the attorney general's invitation to assist in providing prompt compensation to the victims of this terrible tragedy," Feinberg said in a press release. "Working for the attorney general, I hope to use these experiences in helping to design a compensation program that will be efficient, swift and transparent."
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