(Merrillville, Ind.) - A lawyer is suing the state of Indiana in federal court to get the state's $5 million cap on damage claims increased.
Kenneth Allen represents the families of several victims of the Indiana State Fair stage collapse and said the cap, which has been in place for decades, is "arbitrary and capricious."
In a statement, Allen noted the cap has not been indexed for inflation and does not take into account the number and extent of injuries.
Indiana Gov. Mitch Daniels and Attorney General Greg Zoeller are each named in the lawsuit.
Seven people were killed and roughly 40 others were hurt when a gust of wind blew down the stage before a Sugarland concert was to be held August 13.