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Lawyer: Tentative $30M Deal In Nightclub Fire Case

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Lawyer: Tentative $30M Deal In Nightclub Fire Case

PROVIDENCE (AP) ― A TV station and a cameraman accused of getting in the way of people fleeing the nightclub fire that killed 100 people have reached a tentative $30 million settlement with survivors and victims' relatives, a lawyer involved in the deal said Saturday.

The settlement is the largest of several reached so far with the dozens of people and companies sued after the Feb. 20, 2003, fire at The Station nightclub. The blaze began when pyrotechnics used by the 1980s rock band Great White ignited highly flammable foam used as soundproofing around the stage.

Brian Butler, a cameraman for WPRI-TV, was at the West Warwick nightclub gathering footage for a segment on safety in public places. One of the club owners, Jeffrey Derderian, was a reporter for the station at the time. Butler's video formed the most complete record of the early moments of the fire, revealing the rapid spread of flames and the frantic rush for the exits.

Lawyers for the victims had accused him of impeding the crowd's exit through the front door, where many of the bodies were ultimately found. He and his lawyer, Chip Babcock, have denied the claim.

After Butler was named in the 2004 lawsuit, Babcock said his client "saved lives that night." Babcock did not immediately return calls seeking comment Saturday. The general manager for WPRI also did not immediately return calls for comment.

The settlement, which also involves the station's parent company, LIN Television Corporation, was first reported Saturday by The Boston Globe. A lawyer involved in the deal confirmed the settlement on the condition of anonymity because he was not authorized to speak publicly about it.

The defendants are not admitting any responsibility as part of the settlement, the lawyer said. The settlement requires the approval of the plaintiffs and a judge handling the case.

Roughly 300 survivors and victims' relatives sued after the fire. Last year, lawyers reached settlements totaling $18.5 million with a handful of the defendants, including a pyrotechnics manufacturer and a maker of insulation material that was used inside the club.

Chris Fontaine, who lost her son, Mark, in the fire and whose daughter, Melanie, was injured, said she was not surprised to learn about the latest deal because lawyers had told her to expect additional settlements. But she said the news brought her little comfort.

"This has never been about the money," Fontaine said. "No amount of money is ever going to bring back my son or remove the scars from my daughter."

A judge has appointed a Duke University law professor to meet with survivors and victims' relatives and work out a formula for dividing the settlement money.

There are still dozens of defendants in the case, including Anheuser-Busch, Clear Channel Entertainment, several foam manufacturers, the state of Rhode Island and members of Great White.

In an affidavit submitted last year as part of the lawsuit against him, Butler said he left the club as soon as he noticed the flames and did not stop to videotape the patrons.

"Brian saved lives that night and provided the most accurate recording of this tragic event which has been invaluable to investigators and, frankly, to plaintiffs themselves," Babcock said after the suit was filed.

Though civil cases related to the fire are pending, the criminal case was resolved in 2006 through plea deals with the three men charged.

Daniel Biechele, the former Great White tour manager who pleaded guilty to igniting the pyrotechnics, is due to be released on parole next month after serving less than half of his four-year prison sentence.

Michael Derderian, one of the brothers who owned the club, was also sentenced to four years in prison and will be paroled in October 2009. His brother, Jeffrey, was spared prison time and was sentenced to community service.

(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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