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26 defendants added to Conn.-based Station fire suit
10:14 AM EDT on Friday, August 20, 2004
PROVIDENCE -- Lawyers added 26 more defendants to a federal lawsuit on
behalf of eight Connecticut residents who were killed or injured in The
Station nightclub fire last year.
One of the new defendants is the Channel 12 television cameraman who was
filming a story on nightclub safety when the February 2003 blaze erupted.
His footage showed the blaze beginning when pyrotechnics were shot off
during a concert by Great White, and the ensuing chaos at the West
Warwick club. One hundred people died, and more than 200 were injured.
Other defendants added to the litigation include insurance firms and a
company that inspected the nightclub before the fire.
The amended lawsuit, filed in U.S. District Court in Providence, pushed
the number of defendants to 53.
"Essentially we want to make sure that we have named every party that
was involved in this fire to make sure that everybody liable is involved
in this lawsuit," Robert I. Reardon Jr., one of the four lawyers working
on the case, told The Day of New London, Conn.
The original lawsuit, filed in June 2003 in U.S. District Court in
Hartford, Conn., named 27 defendants, including the brothers who owned
the nightclub, Michael and Jeffrey Derderian, West Warwick town
officials and Anheuser-Busch Inc., which sold beer at the concert.
The Derderian brothers and Daniel Biechele, Great White's tour manager,
were indicted by a Rhode Island grand jury in December on 200 counts of
involuntary manslaughter - two counts for each death. Biechele is
accused of lighting the pyrotechnics.
The amended lawsuit mirrors a complaint filed July 22 in Rhode Island
state court by eight attorneys on behalf of 80 people killed and another
146 injured in the blaze. The 70-count Rhode Island lawsuit names 46
defendants and spans 130 pages.
The 141-page, 70-count Connecticut lawsuit sues the same defendants as
its Rhode Island counterpart and adds seven more names that lawyers
allege promoted the concert across state lines and lured people from
Connecticut to see Great White.
They include the Norwich, Conn., branch of Strawberries, a chain of East
Coast music stores, which allegedly sold two tickets to the concert to
Sarah Jane Telgarsky of Plainfield, Conn., who was killed in the fire.
The lawsuit alleges that the store should have known that The Station
did not have adequate fire protection. Strawberries made about $5 from
the sale of the two $20 tickets, lawyers have said.
Other Connecticut defendants include New London radio station WQGN,
which gave away tickets to the concert. Ledyard residents Glenn and Lisa
Johnson and New London resident Melanie Holiday went to The Station
after winning some of those tickets. All three survived the fire but
suffered burns, smoke inhalation and other injuries.
The additional defendants include cameraman Brian Butler, his employer,
Channel 12 in Providence, and his network, CBS Broadcasting.
Butler's footage gave both investigators and television viewers haunting
images of the start of the inferno. Both the Connecticut and Rhode
Island lawsuits allege that Butler blocked an exit while he filmed,
potentially increasing the death toll.
"Not true," said Chip Babcock, a lawyer defending Butler, Channel 12 and
CBS. "He didn't, and there is a film record of it that pretty clearly
demonstrates that. ... I still believe that Brian Butler saved lives
that night."
Babcock added, "We understand what is happening here. The plaintiffs'
lawyers are trying to create as deep of a pool as they can to compensate
these people. But having deep pockets is not what it is all about.
You've got to find who is responsible."
The Connecticut lawsuit seeks compensatory damages of $100 million,
punitive damages, lawyers fees and court costs.
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