Two lawsuits, stemming from one couple, are the first of what could be several in connection with a stage that collapsed over concert-goers at a fairground, as reported by 6 News for The Indy Channel.
Six people were killed and 45 were injured during the incident on August 13.
A woman that lost her partner in the collapse, and suffered her own injuries, filed the two lawsuits, a wrongful death and a
personal injury.
Kenneth J. Allen is the attorney representing B.U., the woman that survived, and the estate of T.V.D., the woman that died.
After filing the lawsuits, Allen asked that Circuit Court Judge Thomas Alevizos protect evidence from being destroyed or tampered with by placing an injunction.
Allen said, "This was a terrible tragedy that could and should have been prevented; the responsible parties must be held to account. However, since much of the critical evidence of fault is in the possession or control of the wrongdoers at this point, we were forced to file suit today to protect and preserve all the evidence."
The deceased woman, T.V.D., has a 17-year-old daughter that was dependant on her, while B.U. has endured a "traumatic amputation which will impair her for the rest of her life."
In arguing for the injunction, Allen said, "Our job is to fight for them. We could not stand idly by while others attempt to alter or destroy evidence."
While trying to hold back her emotions, B.U. described the event that took her partner's life, "All of a sudden I heard screaming and we felt the wind. I looked up, and here's this stage starting to fall. Where do you run? Where do you go? You just pray that you survive."
Seeing the band, "Sugarland", on stage was a birthday present from B.U. to her partner T.V.D. B.U. explained to reporters, "We had so many plans and things we wanted to do."
A member of the Indiana State Fair Commission, T.M., told news media, "We are going to be transparent and open in every step. We want the truth, whatever it might be."
T.M.
has also stated that the site will be available every day to investigators.
The fair grounds are currently under many, concurrent, investigations. The Department of Labor is investigating the accident as two of the people killed were employees.
The State police are conducting their own investigation.
And, finally, the State Fair Commission has hired an engineering firm from New York and a crisis management company from Washington D.C. to do an internal investigation.
The fair's lawyer, the Indiana Attorney General's Office, has assigned a deputy attorney general to the case.
There is an Indiana State Fair Remembrance Fund that has been set up for victims, and their families, by the Central Indiana Community Foundation.
The tragic scenario above, illustrating both the loss of life and personal injury, requires expert representation. Contact a personal injury lawyer for the experienced help you will need if you have been the victim of an accident.