Vandam Estate v. Mid-America Sound

OPINION

MAY, Judge.

Jordyn Polet was injured when the stage collapsed at a concert at the Indiana State Fair. Polet declined the State’s settlement offer, and the State distributed, to the claimants who were willing to settle, all the money available under the Indiana Tort Claims Act (ITCA) cap of five million dollars. After her parents sued the State and others, the State asserted, as an affirmative defense, that the ITCA made it immune to Polet’s claim.

Polet moved for partial summary judgment on the State’s affirmative defense it was immune under the ITCA. The trial court denied her motion.…