Sep 5, 2007 4:40 pm US/Eastern
Several Defendants To Settle In Nightclub Fire
PROVIDENCE, R.I. (AP) ―
Several defendants sued by relatives of the 100 people killed in a 2003 nightclub fire have tentatively agreed to a $13.5 million settlement, lawyers in the case told The Associated Press on Wednesday.
The settlement, if approved by a judge, would mark the first in what relatives' lawyers hope will be several agreements with dozens of defendants in the lawsuits stemming from the Feb. 20, 2003, fire at the Station nightclub in West Warwick. In addition to the 100 people killed, more than 200 were injured.
"It's just the beginning," said Michael St. Pierre, one of the attorneys representing nearly 300 fire survivors and victims' relatives who have sued in federal court.
Dave Kane, father of 18-year-old Nicholas O'Neill, the youngest fire victim, said families still want accountability for the fire beyond any financial settlement. But, he added, the money would be useful to people whose lives were damaged.
"There are so many people that are really desperate for this -- out of necessity now, not greed," he said.
Word of the potential settlement came hours before the state parole board was to hear from victims' families about a possible early release from prison for Daniel Biechele, the former tour manager for the rock band Great White who set off pyrotechnics that ignited flammable foam on the club's walls. The foam quickly spread the blaze through the one-story roadhouse.
Biechele is eligible for parole later this month.
Among the companies that have tentatively agreed to settle are a manufacturer of soundproofing material, a manufacturer and vendor of pyrotechnics, the realty company that leased the building to club owners Jeffrey and Michael Derderian and an alarm company, according to court papers.
They will not admit wrongdoing, said John Barylick, another attorney for fire survivors and relatives of those killed.
Barylick said the settlement was dependent on the court appointing a special master to oversee the distribution of the money.
"There is certainly agreement among the parties to settle, but it's dependent on clearing some legal hurdles," Barylick said.
The lawyers are recommending that Francis McGovern, a law professor at Duke University, serve as special master. They say he has fulfilled similar duties more than 50 times, including in litigation over silicone breast implants and DDT toxic exposure.
McGovern did not immediately return a phone message.
James Murphy, a lawyer for Triton Realty Limited Partnership, said his clients "were personally traumatized by the fire, not just the loss of the building but the fact that people had died in the building that they had owned.
"Regardless of the lack of liability, they wanted to get this behind them," Murphy said.
Most of the companies that have agreed to settle are smaller operations compared with the large corporations also being sued, such as Clear Channel Broadcasting, Anheuser-Busch, the foam manufacturers and Home Depot. The state of Rhode Island also is a defendant.
Plaintiffs say one of the companies who has agreed to settle in principle, Celotex Corp., manufactured a soundproofing board that was placed above the drummer's alcove and was "unreasonably dangerous and otherwise defective." The board is different from the soundproofing foam blamed for fueling the flames. A lawyer for Celotex refused to comment.
Two other defendants included in the possible settlement are pyrotechnic maker Luna Tech Inc. and pyrotechnic vendor High Tech Special Effects Inc. Biechele told investigators after the fire that he used pyrotechnics manufactured by Luna Tech, a claim also made by the plaintiffs' lawyers. The company has not said its products were involved.
A lawyer for Luna Tech refused to comment, while a lawyer for High Tech did not return calls seeking comment.
The Derderians and Biechele were convicted last year of 100 counts each of involuntary manslaughter. Jeffrey Derderian was sentenced to 500 hours of community service, and his brother and Biechele were sentenced to serve four years in prison.
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