A 13-year-old injured in the Indiana State Fair stage collapse is asking the Indiana Court of Appeals to throw out a cap on damages paid by the state.
Jordyn Polet was 10 years old when the disaster at Sugarland‘s state fair concert killed seven people and injured 107.
Indiana law limits what a person can collect in damages from the state to $700,000. Attorney Robert Peck says a $5 million cap on the total payout is unconstitutional.
He notes if Polet had been the only casualty, she could have sought up to the $700,000 maximum.
Solicitor General Tom Fisher says Polet's offer was equal to everyone else's: 65 percent of her medical bills. He argues the Indiana Supreme Court has explicitly given legislators the power to limit the state's liability.
Judges questioned whether the cap instead runs afoul of the law requiring open access to courts. Once Polet turned down the settlement, there was no money left for which to sue.
Polet's mother and sister were seriously injured and accepted a $400,000 settlement. Legislators later approved a one-time increase in the money pool to $11 million.
There is no indication when the court will rule.