An interesting legal question might have to be answered in conjunction with the right to recover damages in the Indiana State Fair stage collapse on August 13th.
Attorney Ken Allen filed a wrongful death suit on behalf of Beth Urschel whose partner, Tammy Van Dam, died as a result of the tragedy. The suit was filed August 19th. Urschel and Van Dam were wed in Hawaii. But Van Dam also has a daughter. It will be interesting to see if the courts allow Tammy’s daughter or Urschel to receive any money awarded.
Allen has also filed suit in Marion County asking that Alisha Brennon, who is the same sex partner of Christina Santiago, the right to collect damages. Brennon was injured in the collapse, and Santiago was killed. In June, the couple had a ceremony to recognize their civil union in Chicago. Indiana doesn’t allow or recognize civil unions or same-sex marriage.
The state has a pool of $5 million dollars to compensate victims from the accident regardless of the number. That could come to only $35,000 per death.