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

Rich Evers
/
https://www.flickr.com/photos/richevers/6042201042

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.

Brandon Smith is excited to be working for public radio in Indiana. He has previously worked in public radio as a reporter and anchor in mid-Missouri for KBIA Radio out of Columbia. Prior to that, he worked for WSPY Radio in Plano, Illinois as a show host, reporter, producer and anchor. His first job in radio was in another state capitol, in Jefferson City, Missouri, as a reporter for three radio stations around Missouri. Brandon graduated from the University of Missouri-Columbia with a Bachelor of Journalism in 2010, with minors in political science and history. He was born and raised in Chicago.