The Indiana Court of Appeals has upheld the state’s $5 million cap on liability damages in a case brought by a 13-year-old Ohio girl who was hurt when a stage collapsed at the Indiana State Fair.
A three-judge panel on Wednesday rejected arguments by Jordyn Polet of Cincinnati that the cap violates the Indiana Constitution and that she was treated differently to other claimants who sued the state.
The 2011 collapse occurred when high winds blew down rigging before a concert by the country duo Sugarland. Seven people were killed and more than 100 were injured.
Polet rejected the state’s offer of $1,690 from the $5 million pool. The Indiana General Assembly later added $6 million to the pool.
An attorney for Polet had no immediate comment on the ruling.
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