Mario Massillamany Discusses Sugarland Lawsuit In Entertainment Weekely

Indianapolis, Indiana- Mario Massillamany, in Entertainment Weekly, discusses Sugarland's decision making process that tragic night when the stage collapsed at the Indiana State Fair.  During a hearing this morning, Judge Sosin ordered Sugarland to testify next month in depositions regarding their role in the Indiana State Fair Stage collapse.  Sugarland will not be able to use their summer concert schedule as an excuse in an effort to delay the depositions.  Sugarland claims that the tragedy was an "act of God" and also blames the victims that attended the concert for their injuries.

Indiana State Fair Collapse Lawsuit Filed Against Sugarland

Date: November 22, 2011:

Today, Mario Massillamany, of the Indiana law firm Starr Austen & Miller, LLP, announced the filing of a complaint on behalf of 47 victims of the Indiana State Fair stage collapse, which occurred on August 13, 2011.

On August 13, 2011, a large crowd of Sugarland fans gathered at the Indiana State Fair Grounds expecting a great country music concert, and instead tragedy struck. During a severe thunderstorm with very strong winds the overhead stage rigging at the outdoor concert collapsed, killing 7 people and injuring over 40 others. Among those victims were Starr Austen & Miller clients Lisa Hite, and her granddaughter Kyla-Reed Brummet, who were both in the Sugar Pit at the concert. "The injuries I sustained have left me unable to provide for my family," Hite stated. "The financial and emotional strain this has caused has left a lasting impact on my family."

The lawsuit has named Sugarland Music, Inc. and other private entities responsible for the organizing, staging and presentation of the Sugarland concert as defendants. The allegations against the defendants include that they breached their duty of reasonable care to the victims of this collapse. Specifically, the complaint alleges that Sugarland and the other private entities owed a duty to provide a safe concert environment and use reasonable care in the operation, direction, management, set-up, control, and supervision of the concert.

According to the contract reached between Creative Artists Agency (Sugarland's agent) and the Indiana State Fair Committee, Sugarland was guaranteed:

• $300,500 to perform
• $30,000 for sound and lights
• $4,500 for catering
• 85% gross box office receipts over $470,000

The contract specifies that Sugarland has the final say on whether to cancel a concert due to weather.  "This unimaginable tragedy will forever live in the hearts and minds of the people of Indiana," said plaintiffs' counsel Mario Massillamany. "Unfortunately, this tragedy could have been prevented if the responsible parties had been concerned about the concertgoers that night."

A copy of the complaint can be seen here.  If you have information regarding the litigation, please call 574-722-6676. 

Information to State Fair Stage Collapse Victims Seeking Legal Assistance

In the State of Indiana, there are very specific deadlines that must be met in order for an individual (or family member of a loved one lost) to notify the State or other governmental entities of a potential tort (injury) claim or lawsuit.  Failure to meet these tort claim notice deadlines can result in a plaintiff forever losing the right to file a claim.  The deadlines are also different depending upon whether the potential claim is against the State of Indiana or another governmental entity (such as a City, County or other public entity).  For some governmental entities, the tort claim notice deadline can be as short as 180 days (6 months) from the date of injury.  For claims against a private party (individual, corporation, etc.), the deadline to file a lawsuit (called the “statute of limitations”) is typically between one and three years from the date of the accident.  Because of these deadlines and their impact on any potential claims that victims of the State Fair tragedy may have, it is important for those injured in this incident to promptly seek the assistance and counsel of an attorney licensed to practice law in the State of Indiana.  An attorney who routinely handles plaintiff’s personal injury cases will be able to analyze the facts of each individual case and identify all deadlines applicable to that case.

It is important for people to know that contacting an attorney does not mean that they have to file a lawsuit.  Seeking the guidance of an experienced personal injury attorney, even before the investigation into the cause of the State Fair stage collapse is completed, will allow those injured in this tragic accident to be fully informed as to their rights and all important deadlines should the facts support a valid claim against any responsible parties.  Individuals and family members of those affected by this tragedy should ask questions of any attorney they contact and find out what experience they have handling claims involving structural collapses and construction safety and whether that law firm has the capacity to devote a substantial amount of resources, both in terms of attorneys and staff, to handling claims arising out of an incident of this magnitude.

I would like to first express my deepest sympathies to the victims and families of those injured in this tragic incident at the State Fairgrounds.  My thoughts and prayers are with all of you during your time of sorrow and recovery.  This tragedy has touched the lives of everyone in Central Indiana and I sincerely appreciate the efforts of the first responders and public citizens who came to the aide of those injured in this incident.

Please contact me at 317-432-3443 or mario@starrausten.com if you have any additional questions.