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Court Asked To Dismiss Class Action Lawsuit

Last updated on Tuesday, August 30, 2011

(UNDATED) - The Indiana Attorney General’s Office is asking the court to dismiss a class action lawsuit against the state following the state fair stage collapse.

The Attorney General's Office says Indianapolis law firm Cohen and Malad did not follow proper procedure when filing the lawsuit on behalf of Angela Fischer.

Under Indiana law, anyone filing suit against the state must first file a tort claim notice which gives the state 90 days to approve or deny it.

If the claim is denied, the claimant can then sue the state. The Attorney General's Office says Cohen and Malad filed a tort claim and the lawsuit at the same time. Fischer claims she suffered emotional trauma after witnessing the collapse.

Attorney general Greg Zoeller says the request to dismiss the suit is simply about procedure. The tort claim in the class action suit is still being reviewed along with five others that have been filed.

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