Vandam Estate v. Mid-America Sound, 25 N.E.3d 165

Stage collapse at Indiana State Fair during 2011 concert left multiple victims; Polet sustained injuries.
Indiana Tort Claims Act (ITCA) caps aggregate government liability at $5 million for a single occurrence; Polet declined a State settlement offer of $1,690.75.
Sixty-four other claimants accepted settlements exhausting the $5 million cap; Polet was the only claimant to reject and pursue the claim.
Legislature later provided an additional $6 million to victims who had already released all governmental entities and employees; Polet was ineligible.
Trial court ruled ITCA cap did not violate constitutional rights; Polet moved for partial summary judgment seeking to strike the defense.
Indiana Court of Appeals affirmed, concluding ITCA aggregate cap does not violate open courts or equal privileges guarantees.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does ITCA’s aggregate cap violate open courts?	Polet argues cap deprives her of full remedy and access to courts.	State asserts cap is rational, does not deny a complete remedy, and targets public treasury concerns.	No; cap is constitutional under open courts.
Does ITCA’s cap create unequal privileges under equal privileges clause?	Polet claims single vs multiple victims creates arbitrary, unequal treatment in recovery.	State contends cap applies equally by occurrence, not by person, avoiding class-based discrimination.	No; no invidious classification; cap applies uniformly across occurrences and claimants.

Cantrell v. Morris, 849 N.E.2d 488 (Ind. 2006) (open courts requires rational means to burden relief when restricting remedies)
State v. Rendleman, 603 N.E.2d 1333 (Ind. 1992) (legislative authority to define immunities and limits is constitutional)
McIntosh v. Melroe Co., a Div. of Clark Equip. Co., 729 N.E.2d 972 (Ind. 2000) (remedial limits must be rational regarding legitimate legislative goals)
Smith v. Indiana Dep’t of Correction, 883 N.E.2d 802 (Ind. 2008) (open courts does not guarantee any particular remedy; legislative change allowed)
In re Train Collision at Gary, Ind. on Jan. 18, 1993, 654 N.E.2d 1137 (Ind. Ct. App. 1995) (aggregate cap intended to protect public treasury)
Collins, 644 N.E.2d 78 (Ind. 1994) (rational basis for legislative classifications under equal protections)
Harrison v. Veolia Water Indianapolis, LLC, 929 N.E.2d 247 (Ind. Ct. App. 2010) (public treasury considerations support legislative immunity scope)
McCall v. United States, 134 So.3d 894 (Fla. 2014) (Florida case distinguishing single vs multiple claimants under caps)