As California's Proposition 8 heads toward another court hearing scheduled for next month, an interesting wrongful death lawsuit has been filed in the Midwest. Many people across the country and here in California heard the news of the tragic accident at the Indiana State Fair just before the country music duo Sugarland was to play. At least six people died and another 40 people were injured when the stage collapsed during a storm.

The first wrongful death lawsuit related to the tragedy has now been filed. There is a legal wrinkle that the plaintiff expects will complicate things. The case is being brought on behalf of the spouse of a woman who was killed in the accident. Indiana law does not recognize same-sex marriages and the spouse of the woman killed is female.

The couple had been together as partners for a decade. They had registered in Hawaii as reciprocal beneficiaries. The woman who was killed also leaves behind a 17-year-old daughter. Wrongful death laws are a function of the individual state law. Generally, wrongful death statutes allow close family members to bring the lawsuit. The wrinkle in the Indiana case is that the state law does not recognize the domestic partners as close family members.

The plaintiff expects to fight against any motion to dismiss. But the plaintiff is also prepared to appeal any dismissal. The plaintiff spouse intends to address the inequity in the law that results from the state not recognizing the rights of same sex couples. One civil rights advocate in the state says "The lawsuit is going to have to overcome the hurdle of several cases that have sustained the constitutionality of the current law."

The surviving spouse was also physically injured in the stage collapse accident. She continues to recover emotionally and physically from the accident as the lawsuit moves forward. The wrongful death lawsuit claims the companies involved in the concert, including the company that owned the collapsed stage, allowed the dangerous conditions to exist and failed to warn concert goers of the bad weather that was approaching.

The lawsuit is being brought in part to fight for the fundamental civil right of people who lose their spouses, regardless of gender.

Source: Fox 59 WXIN, "Wrongful death lawsuit filed following tragedy raises tough questions," Ann Keil, Aug. 26, 2011