Appeals Court Rules State's Tort Claim Cap Constitutional In Stage Collapse Case

Jan 15, 2015

The music stage at the Indiana State Fairgrounds after it collapsed on August 13, 2011.
Credit Rich Evers /

The Indiana Court of Appeals Wednesday ruled that the state’s tort claims cap – which limits how much money people can sue the state for – is constitutional. 

The state’s tort claims cap is set at $700,000 per person and $5 million per incident. 

Jordyn Polet is the only injured victim of the State Fair stage collapse who did not accept the state’s settlement offer in 2011. 

Part of Polet’s lawsuit over the tragedy challenged that claims cap. 

In a unanimous decision, the Court of Appeals upheld the constitutionality of the cap. 

In a statement, Attorney General Greg Zoeller says the purpose of the cap comes from the fact that, unlike with a private company, suing the state involves taxpayer dollars, and as Zoeller says, “taxpayers did not cause the loss.” 

Polet's attorney says the case will be appealed to the Indiana Supreme Court.