Two More Die From Indiana State Fair Stage Collapse

By Samantha Abernethy in News on Aug 22, 2011 3:40PM

Since the tragic stage collapse at the Sugarland concert at the Indiana State Fair last week, two more injured parties have died, and investigations into the collapse have raised some legal questions. Jennifer Haskell, a 22-year-old Ball State University student, died Friday morning. Meagan Toothman, a 24-year-old Cincinnati cheerleading coach, died late Sunday night.

The Indianapolis Star has reported that Indiana State Fair officials ignored National Weather Service warnings when they told concertgoers that the show would go on just before the storm hit. The man who gave that announcement, operations manager Bob Richards, says he "was never told or knew of an evacuation notice." Fair officials had received weather warnings three days in advance.

Gov. Mitch Daniels referred to the powerful wind gust that upset the stage as a "fluke." Others strongly disagree.

"This is in no way a fluke or freak or unforeseeable," said Mike Smith, senior vice president of AccuWeather Enterprise Solutions in Wichita, Kan. His firm provides weather information to a variety of public and private clients, including the Texas State Fair.

Smith said AccuWeather issued a warning to a client near the Indiana State Fairgrounds at 8:23 p.m. advising of 60-mph winds. Smith used the same radar systems as the National Weather Service -- the same information available to fair officials.

A wrongful death lawsuit has been filed on behalf of one of the victims, Tammy VanDam, 42, of Wanatah, Ind., and the attorney claims, "This stage was erected without any inspections or permits." The Chicago Tribune writes:

Allen's lawsuit, filed in Indiana state court against the event organizers, alleges that organizers "did not reasonably exercise due care in the design, set-up, configuration, layout and construction of the concert stage area." The complaint says the the concert stage was also overloaded with equipment, improperly configured and failed to meet safety guidelines, including those mandated by Occupational Safety and Health Administration.

The lawsuit will also address Indiana's failure to recognize same-sex partners. VanDam's partner, who was also injured in the lawsuit, was unable to retrieve her partner's body at the morgue.