Attorneys at Indianapolis law firm Cohen and Malad didn’t give the state 90 days to respond before filing suit on behalf of Angela Fischer and all of the stage collapse victims.
In the suit, Fischer claims that the collapse, which killed seven and injured dozens, caused her to suffer "severe emotional trauma." She was not physically injured.
Some local attorneys have been critical of the suit and have questioned whether it’s a publicity stunt.
However, Attorney General Greg Zoeller said in the news release that his request for the dismissal is based on procedure, not the merits of the suit.
“We can’t have one claimant try to cut in line when other claimants are following the rules,” Zoeller said in the release.
The state has received six tort claim notices so far, and the people pursuing the class action suit were the only ones who didn’t follow the proper procedure, according to the release.A copy of the Attorney General's motion can be viewed here. It also points out that the plaintiffs' attorneys in the class action lawsuit failed to identify the address of the claimant as required by Indiana's tort claims act.