All others claimants, including the Ohio girl’s sister and mother, who sustained more serious injuries, accepted the state’s settlement offer. Along with the original $5 million disbursed, Indiana’s General Assembly approved a $6 million supplement for those affected by the collapse in 2012.
The three-judge panel rejected arguments that the liability cap violates Indiana’s Constitution. “The aggregate liability cap is a rational means to achieve the legitimate legislative goal of protecting the public treasury,” wrote Judge Melissa May, who penned the panel’s unanimous opinion.
A statement issued by Greg Zoeller, Indiana’s attorney general, also backed up that stance. “Unlike a private company being sued for damages, state government under sovereign immunity cannot be sued except under the limitations and deadlines the Legislature permits, since this is taxpayers’ money and the taxpayers did not cause the loss,” Zoeller said.
Lawyers for the girl, who had rejected a settlement offer of $1,690 from the state for her leg and ankle injuries, said they were likely to appeal the case before the Indiana Supreme Court. Court documents also noted that the girl, who was 10 at the time of the accident, suffers from post-traumatic stress disorder.
