IN: Constitutional Challenge to Damages Cap

Like many jurisdictions, Indiana has a tort claims act.  Pursuant to Indiana’s version, the maximum total payout to victims for any single event is $5M.  In 2011, a stage at the Indiana State Fair collapsed; 62 victims have been paid damages from the incident.  One of the injured, 10-years-old at the time, opted to sue the state.  On Monday, an appellate court heard arguments that the cap is unconstitutional.  In a filing, plaintiff’s lawyers stated:

 “The $5 million cap, both on its face and as applied, violates Plaintiff’s constitutional rights, which provides in relevant part [that] all courts shall be open, and every person for injury done to him and his person, property or reputation, shall have remedy by due course of law.”

WISHTV.com has the story.