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Attorney Suing On Behalf Of State Fair Victims

Last updated on Tuesday, September 27, 2011

(INDIANAPOLIS) - An Indiana attorney who’s suing on behalf of victims of the state fair tragedy filed a federal lawsuit against the state Monday.

Kenneth J. Allen says the state has no right to place caps on damages paid out to victims who file suit against the state.

Allen says the current cap of $5 million on "torte claims", including class action suits, doesn't begin to compensate victims of tragedies like the state fair stage collapse that claimed the lives of seven.

Allen filed the suit in U.S. District Court in Indianapolis Monday. He says the cap is forty years old, doesn't take individual circumstances in account and violates free market principles.

Meantime, State Attorney General Greg Zoeller says the state will defend itself against the suit. Zoeller says it's up to Indiana lawmakers to determine whether to rewrite laws on liability and beneficiaries and up to the courts to interpret them. On another front,

Allen also filed a suit in Marion County Superior Court on behalf of Christina Santiago who died in the state fair collapse. He describes Santiago as a lesbian who deserves equal treatment. He also filed suit on behalf of another victim hurt in the collapse.

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