The family of a security guard who was killed in the stage collapse at the Indiana State Fair intends to sue the state.
Attorneys filed a tort claim notice Monday on behalf of the family of Glenn Goodrich, 49, of Indianapolis, who was working for ESG Security at the Sugarland concert Aug. 13 when the rigging above the stage gave way, killing six people and injuring 40 more.
Indiana State Fair Stage Collapse
"This serves as the first step in the process to help (Goodrich's widow) Heather and her young sons obtain the resources they need to survive, as Glenn was the primary earner," said Carl Brizzi, attorney and former Marion County prosecutor, who is representing the family.
The state and the Indiana State Fair Board and Commission are named in the tort claim.
Last week, attorneys for two of the collapse victims -- Tammy Vandam, 42, of Wanatah, who was killed, and her partner Beth Urschel, who was severely injured -- filed lawsuits seeking an injunction to preserve evidence in the case.
Attorney Kenneth J. Allen said Monday he wants his experts to be present at the collapse scene to monitor and participate in any testing.
"There were state police officers, (Indiana Occupational Safety and Health Administration) and other agencies present at the time the fair was ongoing, at the time the stage was erected, and the result was a tragedy, a catastrophe that was preventable, predictable and foreseeable," he said. "We will not allow that to happen two times."
A hearing on the request is set for Tuesday morning in LaPorte County Circuit Court. The state said it plans to ask for a change of venue for the hearing so that it can be heard in Marion County.
Investigators are poring over policy, procedure and physical aspects of the stage collapse. Winds of up to 70 mph were estimated at the time of the collapse, and a severe thunderstorm warning had been issued for Marion County about 10 minutes prior to the collapse.
When it comes to injuries or death on state property, the law stipulates that the amount paid out to each person cannot exceed $700,000, with an overall cap of $5 million.
Victims and their families have nine months to file a tort claim to seek money for medical expenses or loss of life. The Indiana Attorney General's Office has 90 days to respond. If the claim is rejected, the person can file a lawsuit in the case.
Those seeking to file a lawsuit against a private entity, such as the concert promoter or the company that set up the stage equipment, have two years to file a lawsuit.
A fund to help the victims and their families has been established by the Central Indiana Community Foundation. Donations can be made online or checks with Indiana State Fair Remembrance Fund in the memo line can be sent to CICF, Attn: Indiana State Fair Remembrance Fund at 615 N. Alabama St. Indianapolis, IN 46204.
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