AG: Tort claim notice must be reviewed before a claimant can file suit
INDIANAPOLIS – Because a plaintiff’s lawyer did not follow the legal process in filing a lawsuit involving the Indiana State Fair incident, the State of Indiana has asked a court to dismiss the lawsuit until the proper process can be completed.
Indiana law requires anyone who seeks payment for loss or damages from the State to first file a document, called a tort claim notice, with the Indiana Attorney General’s Office. The State then has 90 days to review a tort claim and decide whether to approve or deny it. If a claim is denied, then a claimant is able to file a lawsuit against the State.
As of Monday, the Attorney General’s Office has received tort claims from six individuals concerning the August 13 stage collapse at the State Fair. Five of the claimants followed the proper process. One did not.
At the same time as claimant Angela Fischer’s lawyers filed a tort claim with the Attorney General’s Office, her lawyers on August 22 also filed a lawsuit against the State and other entities in Marion County Civil Superior Court, alleging Fischer suffered emotional trauma from witnessing the incident.
Because by statute a lawsuit cannot be filed against the State until the State has had 90 days to review and approve or deny a tort claim, the Attorney General’s Office today asked the court to dismiss Fischer’s lawsuit.
“This is not a reflection on the plaintiff’s claim, but there are deadlines and a process that must be followed under Indiana law. We can’t have one claimant try to cut in line when other claimants are following the rules,†Indiana Attorney General Greg Zoeller said.
The motion the State filed in court today in Fischer’s lawsuit spells out the correct legal process and asks that the court dismiss Fischer’s suit against the State. The tort claim Fischer separately filed still is being reviewed by the State along with those filed by other claimants.
The Indiana Attorney General’s Office represents the State of Indiana in various legal matters related to the State Fair incident. The Attorney General’s Office also administers the Indiana Tort Claim Fund.
