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Those Suing Over Nightclub Fire May Not Find Any Deep Pockets
Salt Lake Tribune | March 2, 2003 | AP

Posted on 03/02/2003 9:12:27 AM PST by RobFromGa

Those Suing Over Nightclub Fire May Not Find Any Deep Pockets



PHOTO
An investigator sifts through the ashes of The Station nightclub in West Warwick, R.I., on Saturday. It burned down Feb. 20, killing 97.
(Robert E. Klein/The Associated Press)


THE ASSOCIATED PRESS


    PROVIDENCE, R.I. -- As families of the dead and injured struggle with their grief after one of the country's deadliest fires, some are starting to look for compensation. Lawyers say it won't come easily.
    Rhode Island lawyers estimate at least $1 billion worth of lawsuit claims will be filed in the coming months. But they're not as confident that the pockets of those who may be responsible are deep enough to pay.
    "The reality is that, at the end of the day, there's going to be a lot of tears," said Ronald Resmini, a Providence lawyer representing two of the dozens of people injured when fire swept through The Station nightclub Feb. 20. "Probably more tears than money."
    Warwick attorney John Lynch, representing other survivors and families of some of the 97 people killed in the blaze, said it would take several months to get any civil cases ready.
    In the meantime, the state's criminal investigation is under way.
    No charges had been filed as of Saturday, but a grand jury is investigating the blaze that started moments after the '80s rock band Great White began playing. Pyrotechnics set soundproofing material surrounding the stage on fire, and the flames and smoke quickly spread. Fire officials said the building was engulfed within three minutes.
    "The most culpable people seem to be the owners of the bar and the band," said attorney Mark Decof, also representing victims. "But it would appear there is wholly inadequate coverage there. So you have to look elsewhere -- starting with the products involved, the people who supplied them, the people who prepared them and maintained them."
    Civil lawyers could go after the manufacturers of the pyrotechnics or the soundproofing material that it ignited. Concert promoters, even the architects of the building -- constructed in the early 1940s -- are potential defendants, Decof said.
    After a fire in 1977 swept through the Beverly Hills Supper Club in Southgate, Ky., killing 165 people, General Electric paid $10 million to settle claims that it made faulty wiring in the building, though it never admitted liability. Insurance and settlements with companies involved in the building's operation and construction paid out about $50 million.
    Attorneys for the Rhode Island club have said the owners were never told the band would be shooting off pyrotechnics; the band's attorneys have said the club gave them permission.
    Lawyers for several victims said they also would consider suing the town of West Warwick, where the club was located.
    They could make a case that fire officials did not properly inspect the club and that police failed to provide appropriate crowd control. However, getting money from the government could be difficult.
    West Warwick's insurance is covered by the Rhode Island Interlocal Risk Management Trust, a risk pool created by the state's municipalities.
    Tom Dwyer, president and executive director of the trust, said West Warwick's coverage allows for a maximum of $4 million to be paid in the case of a single incident. That $4 million would have to be split among all eligible claimants, he said.
    Under state law, towns are immune from lawsuits unless a lawyer can prove they are responsible for extraordinary wrongdoing.


TOPICS: Front Page News; News/Current Events; US: Rhode Island
KEYWORDS: buildingcodes; derderian; fire; fireworks; greatwhite; nightclub; nightclubfire; ri
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To: abner
Well, I didn't mean to turn this into a trash lawyer thread.... But, since I did have at it.

LOL. Hard to read the article and resist the temptation.

21 posted on 03/02/2003 10:38:46 AM PST by jalisco555
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To: abner
Well, I didn't mean to turn this into a trash lawyer thread.... But, since I did have at it.

That, Ma'am, is an admission of a negligent act. And since you are ENCOURAGING this libelous thread, you are therefore going to be held responsible when I sue.

Oh. One more thing. You or your husband don't have any deep pockets, do you? I'm in need of some at the moment.

22 posted on 03/02/2003 10:46:56 AM PST by Experiment 6-2-6 (Meega, Nala Kweesta!!!!)
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To: Tennessee_Bob
Plus sue the doctors that assisted at the birth of the band members, the club owners, the stockholders of the pyrotechnic firms.
23 posted on 03/02/2003 10:51:30 AM PST by AEMILIUS PAULUS (Further, the statement assumed)
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To: RobFromGa
the should also sue the state, county, city for giving building permits while they are at it.
24 posted on 03/02/2003 10:55:15 AM PST by Gone_Postal
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To: Chi-townChief
Black people seem to love when that happens.
25 posted on 03/02/2003 10:59:38 AM PST by MatthewViti
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To: RobFromGa
"If they had just sold more adult beverages and collected more cover charges, the poor owners could have afforded the good foam...."

Yea, the owners said they did buy the best foam
available....unfortunately it was in the beer mugs!
26 posted on 03/02/2003 11:06:35 AM PST by TRY ONE (")
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To: Experiment 6-2-6
No deep pockets here. Sorry. Next!
27 posted on 03/02/2003 11:15:01 AM PST by abner (Cruise the Caribe with FReepers! FRN Network Cruise $510.00!!!)
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To: AEMILIUS PAULUS
Just curious - did you ever purchase a Great White album/cassette/CD? If not (and I never did) then you and I may both be considered culpable in this tragedy...
28 posted on 03/02/2003 11:30:35 AM PST by Tennessee_Bob (I was a TAC trained killer.)
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To: RobFromGa
Actually, there is a good business lesson here.

I have been threatened with a suit twice, once as a peripheral and once directly. I both cases, when I was notified of pending action I called the plaintiffs attorney and asked them if their client could pay their legal fees.

I then stated that there was absolutely no money to be gained because I had no insurance, and no attachable assets.

The lawyers went away.

Everyone in business can encumber or dis-own assets, adn operate with the absolute minimum of insurance in order to prevent a pot at the end of the lawsuit. You can also save a lot of money this way. Ask your....umm....lawyer.

29 posted on 03/02/2003 11:36:02 AM PST by wcbtinman
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To: RobFromGa
I have to wonder about family members who haven't even buried their "loved ones" yet and are already looking for a big financial score. I think a lot of the families are more than happy to trade the life of their relative for big money (assuming of course, that big money is forthcoming).
30 posted on 03/02/2003 11:37:28 AM PST by Contra
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To: RobFromGa
What's sad is that the jury will probably award the families a ton of money, no matter how small the connection. It seems to me that most juries reward based on emotions (pity & compassion for the victims) rather than logic. The lawyers know this and play on that.

Personally, I think they will go after the makers of the soundproofing foam.
31 posted on 03/02/2003 11:42:48 AM PST by dixierose (American by birth, Southern by the grace of God)
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To: All
What the lawyers are counting on is that they'll never have to actually make their case - that companies will settle just to get them off their backs.

I know of someone whose family was killed when a home exploded from a gas leak, admittedly caused by the negligence of the homeowner when he was constructing a kennel in his back yard. He never even denied he was at fault. The survivors sued appliance companies, the gas company - five companies, I think, in total - and they received several million dollars in settlements.

It's disgusting.

32 posted on 03/02/2003 11:43:16 AM PST by DaughterOfAnIwoJimaVet ( "It was total manipulation. He was trying to confuse me, and it worked." - Nigel Tufnel)
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To: dixierose
Two things:

It seems to me that lawyers sue those seemingly unrelated to a tragedy, hoping that they will never have to face a jury at all - that the companies will just settle to get them off their backs.

This article calls the material on the wall "soundproofing foam", but that's not what it was. It was packing foam. And that was the problem. Acoustic foam is flame retardant, but packing foam isn't. The way it was used falls totally on the shoulders of the club owners, but we'll see lawyers arguing that it looks like acoustic foam and therefore it's the fault of the manufacturer, I'll bet.
33 posted on 03/02/2003 11:49:21 AM PST by DaughterOfAnIwoJimaVet ( "It was total manipulation. He was trying to confuse me, and it worked." - Nigel Tufnel)
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To: AEMILIUS PAULUS
Plus sue the doctors that assisted at the birth of the band members, the club owners, the stockholders of the pyrotechnic firms.

Plus, sue the doctors that assisted at the birth of the doctors that assisted at the birth of the band members, the club owners, the stockholders of the pyrotechnic firms.

34 posted on 03/02/2003 11:52:38 AM PST by judgeandjury (The more numerous the laws, the more corrupt the state.)
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To: DaughterOfAnIwoJimaVet
The way it was used falls totally on the shoulders of the club owners,

And the way it was ignited falls totally on the shoulders of the band, IMHO.

The band had used the pyrotechnics without permission in four clubs in four states. Also the person who set up and ignited the pyrotechnics(the band manager) was unlicensed, didn't apply for a permit, and didn't have the sense to have a fire extinguisher handy in the case something went wrong.

This whole tragic situation was a big trian wreck waiting to happen, IMO. You have the club barreling down the track with bad and negligent decisions and the band barreling directly towards them with bad and negligent decisions and unfortunately 98 families have to deal with the hurt and pain of the carnage.

35 posted on 03/02/2003 11:56:08 AM PST by Dane
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To: Tennessee_Bob
Blast! SHHH! Don't rock the boat.
36 posted on 03/02/2003 12:07:44 PM PST by AEMILIUS PAULUS (Further, the statement assumed)
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To: RobFromGa
Meanwhile, Great White went in the studio in Los Angeles, CA to record a fitting tribute to the victims of the tragedy, a rollicking version of the classic hit 96 Tears!


Too many teardrops for one heart to be cryin'
Too many teardrops for one heart
To carry on
You're gonna cry ninety-six tears
You're gonna cry ninety-six tears
You're gonna cry cry, cry, cry, now
You're gonna cry cry, cry, cry
Ninety-six tears c'mon and lemme hear you cry, now
Ninety-six tears (whoo!) I wanna hear you cry
Night and day, yeah, all night long
Uh-ninety-six tears cry cry cry
C'mon baby, let me hear you cry now, all night long
Uh-ninety-six tears! Yeah! C'mon now
Uh-ninety-six tears!

37 posted on 03/02/2003 12:08:19 PM PST by Revolting cat! (Someone left the cake out in the rain I dont think that I can take it coz it took so long to bake it)
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To: Dane
I don't automatically take the word of club owners as gospel. In a "they said/they said" between a band and club owners, I don't default on the side of the club - and that is because I have been in the music business for over twenty years, and it's my paradigm.

I don't see what someone standing out front of a band, singing (or playing), had to do with this.

Under certain circumstances (if it is determined that the pyros were improperly used), a case could be made against the individual who set up and ignited the pyrotechnics - but if the environment hadn't been a tinder box, it wouldn't have mattered anyway.

If a light can had started that fire, would you have blamed their lighting tech? (You probably would have...nevermind.) There is a lot of stuff on a stage that generates heat, Dane. It should be a reasonably fire-safe environment. It wasn't.

38 posted on 03/02/2003 12:13:51 PM PST by DaughterOfAnIwoJimaVet ( "It was total manipulation. He was trying to confuse me, and it worked." - Nigel Tufnel)
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To: Tennessee_Bob
Better yet, sue the general listening public - after all, if they had listened to Great White more often, they wouldn't have had to perform in some little deathtrap nightclub, would they?

Maybe they can sue the estates of some of the victims... the ones who so thoughtlessly blocked the exit. Ought to be good for a few CDs and some rusty car parts.

39 posted on 03/02/2003 12:20:24 PM PST by Thinkin' Gal (Mr. Rogers has left the building.)
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To: dixierose
I agree with you, they will probably go after the foam people. This is so WRONG, as the people who bought the foam and used it as wall-proofing are much more culpable in my mind. It is part of the shifting of responsibility that is so prevalent today.

This irrational logic is akin to suing Smith&Wesson because someone shot someone. Smith&Wesson cannot be responsible for the improper use of their product, but one of the bottomfeeders/lawyers WILL take the case!

I'm also at a (sad) loss for common sense: pyrotechnics indoors = bad idea.......didn't your mother teach you "don't play with matches/fire?"
40 posted on 03/02/2003 12:24:49 PM PST by RightOnGOP
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