Brody's Notes... Surviving Spouse Sues In Indiana State Fair Stage Collapse

By Brody Levesque | INDIANAPOLIS, INDIANA -- In a wrongful death lawsuit filed Monday in Marion County, Indiana Superior Court, the surviving spouse of a Chicago area lesbian couple seeks to have the state of Indiana recognise her as legally entitled to damages. The Valparaiso, Indiana, based Kenneth J. Allen &  Associates- a law firm devoted exclusively to the practice of Accident and Injury Law- filed suit on behalf of Alisha Brennon, whose spouse, Christina Santiago, died when the main stage at the Indian State Fairgrounds collapsed on August 13th, after a sudden freak thunderstorm with high winds toppled the roof causing the entire structure to crash down on spectators gathered for a music concert..

Indiana does not recognize the civil unions or marriages of gay and lesbian couples. Ms. Brennon and Ms. Santiago were newlyweds having been married in a civil union ceremony in Chicago, Illinois two months previously in June. Attorney Kenneth Allen told reporters;

“This will be a first step toward equal rights for same-sex couples in Indiana and another milestone in the fight for equality in America."

According to Gay Chicago reporter Gary Barlow:

Allen also represents Beth Urschel, whose partner, Tammy VanDam, was also killed in the stage collapse. Urschel and VanDam had been married in Hawaii more than 10 years ago, a union that, again, was not recognized in Indiana.

On Aug. 19 Allen filed suit on behalf of Urschel in LaPorte County, Ind. Circuit Court, seeking $60 million in damages based on claims that the stage was improperly constructed and that fair officials and promoters were negligent by failing to heed warnings of the impending storm and high winds. In that suit, Allen also seeks to overturn Indiana’s ban on recognition of same-sex couples’ marriages and civil unions.

“I’m convinced first of all that it’s obviously unjust, unfair and inequitable,” Allen said in August. “But I’m also convinced that the Indiana Legislature is never going to do anything about it and unless we address it through the courts, this inequity isn’t going to change. …I guarantee that however long it takes to win this case, it will happen much faster than waiting for the Indiana Legislature to address it.”

Allen also filed suit Sept. 26 in federal court seeking to overturn Indiana’s 40-year-old $5-million cap on damages in cases such as the stage collapse.

“The cap on damages is arbitrary and capricious,” said Allen. “It is not indexed for inflation nor does it take into account the shear number or extent of the injuries. It represents the worst kind of government interference. Justice requires that the cap be overturned in this case.”

In a statement, Indiana Attorney General Greg Zoeller said his office would defend the state’s laws on damage caps and recognition of same-sex couples.

“The Attorney General’s Office will defend the State from this lawsuit like the others; but we generally believe it will up to the Legislature to decide whether to rewrite the laws concerning liability and beneficiaries, and up to the courts to decide how to interpret those laws,” Zoeller said.