Digital Extra: The Station Fire

Corporations, individuals, public officials and the state are among those being sued in the largest of the 11 civil suits brought thus far on behalf of victims of the nightclub fire.

01:00 AM EDT on Friday, July 23, 2004

BY TRACY BRETON
Journal Staff Writer

The largest civil lawsuit in the aftermath of The Station nightclub fire was filed in state Superior Court yesterday, naming 46 defendants including foam manufacturers, the club owners and officials for the Town of West Warwick.

The suit was filed by a steering committee of eight lawyers on behalf of the families of 80 people killed and 146 injured in the fire on Feb. 20, 2003. Those suing include surviving spouses, parents and 136 minor children of victims who died or were injured.

The fire started when fireworks for a rock show ignited polyurethane packing foam on the walls of the wood-frame nightclub. At least 440 people were inside. The fire was the fourth deadliest nightclub fire in U.S. history, killing 100 people and injuring more than 200 others.

The fire was captured in a videotape by a Channel 12 cameraman, who according to the lawsuit, was working with club owner Jeffrey Derderian, who also was a Channel 12 reporter.

The suit alleges that Derderian, as a reporter, should have exposed the safety violations inside The Station, but did not because he owned it. Derderian's lawyer, Jeffrey B. Pine, had no comment yesterday on the allegations.

Mark Mandell, co-chairman of the lawyers' committee that filed the suit, said it "is the product of over a year's work preserving and analyzing evidence, engaging and working with experts, researching the facts and law, and working closely with both the injured and the families of those who passed away."

Some of the defendants are being sued for the first time in connection with the fire. Among them are many large companies with significant assets: Leggett & Platt, a Fortune 500 company that is traded on the New York Stock Exchange; CBS Broadcasting; and Lloyd's of London, the insurance giant.

Also among the new defendants are Channel 12 cameraman Brian Butler and West Warwick police officer Anthony Bettencourt, who was on duty inside the club when the fire broke out.

The 46 defendants named yesterday generally fall into seven categories:

The manufacturers and sellers of the pyrotechnic devices and flammable polyurethane foam allegedly used at the nightclub.

The owners of The Station and the building where it was housed.

The state and local government officials who were supposed to prevent overcrowding and inspect the club for fire safety.

The private property insurers who inspected The Station.

The band -- Great White -- and the concert promoters.

CBS Broadcasting, Channel 12, and cameraman Brian Butler.

The company that owned the bus that brought Great White and its fireworks to Rhode Island.

The defendants include club owners Jeffrey and Michael Derderian, and former Great White tour manager Daniel Biechele.

The Derderians and Biechele are under indictment on 200 counts of involuntary manslaughter in connection with the deadly blaze; all have pleaded not guilty.

The fire started when Biechele set off pyrotechnics, which ignited the polyurethane packing foam that had been installed by the Derderian brothers as soundproofing near the stage.

THE 130-PAGE civil suit is the 11th brought thus far on behalf of victims of the fire. The plaintiffs represent seven states -- Rhode Island, Massachusetts, Connecticut, Florida, Maine, Ohio and Illinois -- and include the girlfriend of Great White's guitarist, Ty Longley, who was pregnant with their child at the time Longley died in the fire.

The lawyers' steering committee brought the suit in the Rhode Island Superior Court so that they will have standing to appeal a decision by Senior U.S. District Court Judge Ronald R. Lagueux to consolidate and hear all The Station fire lawsuits in federal court.

Lagueux has assumed jurisdiction under a new law that makes it easier for the federal courts to hear cases stemming from accidents that cause at least 75 deaths. The lawyers expect that the defendants will quickly move the lawsuit to the U.S. District Court.

In a statement yesterday, the victims' lawyers said they anticipated "immediate removal" but had brought suit in the Superior Court "in order to preserve certain rights" for their clients.

"OUR STATE HAS not before seen a tragedy of this magnitude and our courts have not, to my knowledge, been faced with a single civil action involving this number of individual plaintiffs, defendants and claims," said Providence lawyer Max Wistow, co-chairman of the steering committee that filed the 70-count lawsuit.

The lawsuit alleges negligence, product liability, wrongful death, loss of spousal consortium, loss of parental society and companionship, and emotional distress. The victims are seeking damages for medical expenses, lost wages, and deformity and disability and other losses.

The lawsuit claims the Derderians and their company, DERCO LLC, contributed to overcrowding at the nightclub, installed "defective material," including foam, which contributed to the fire spreading rapidly.

It is also alleged that the Derderians "failed to provide proper means of egress and adequate and operable lighting to illuminate such means of egress during the fire."

Through these acts of negligence, the lawsuit alleges, the Derderians "caused deaths and severe personal injuries" to the victims.

The lawsuit also alleges that Jeffrey Derderian's conflict-of-interest as an investigative reporter for Channel 12 resulted in deaths and severe injuries to The Station's patrons, in that he failed to blow the whistle on unsafe conditions inside his own club.

The lawsuit says that on the night of the fire, Jeffrey Derderian and Channel 12 photographer Brian Butler were "investigating and preparing an analysis of nightclub safety for their employer, LIN Television Corporation (a CBS affiliate which is also named as a defendant in the lawsuit), intended to be aired in the wake of a fatal Chicago nightclub stampede.

"Jeffrey Derderian knew of several hazardous conditions in The Station nightclub" that night, the lawsuit alleges, including the fact that "the club was substantially overcrowded, that it lacked adequate and lawful egress, that non-flame-retardant and defective egg crate foam had been placed on the interior finish of the walls surrounding the stage where the band would perform, and that Great White would use pyrotechnics in close proximity to these walls.

"Had Jeffrey Derderian been investigating any other nightclub but one he owned and operated, he would have, armed with his knowledge, brought it to the attention of the owners and operators of the nightclub in an effort to aggressively promote a newsworthy story and/or promote safety and prevent tragedy," the lawsuit asserts.

Charles "Chip" Babcock, a lawyer representing Butler, WPRI and LIN TV, denied the allegations that are being made against his clients.

"Brian Butler saved lives that night. He provided the most accurate recording of this tragic event which has been invaluable to the investigators and to the plaintiffs themselves and their counsel," he said.

"As for allegations against WPRI, it is to us an obvious and perhaps even understandable attempt to reach into what are perceived to be deeper pockets than the people responsible for the events that night."

Another defendant is Howard Julian, who transferred the nightclub's liquor license to the Derderians in March 2000 and who, like the Derderians, is alleged to have also installed "defective material" inside the club "which caused and contributed to fire spread on Feb. 20, 2003."

Also sued are Raymond Villanova and Triton Realty, which owned the nightclub building. The lawsuit alleges that Villanova should have removed defective materials inside The Station and claims he failed to correct "open and obvious building and fire code violations."

The suit also alleges that his realty company, Triton, "has transferred assets with the intent to hinder, delay or defraud the plaintiffs."

Also sued are Jack Russell, lead singer for Great White; Biechele and various individuals and corporations that employed, managed and controlled aspects of the band's performance at The Station the night of the fire, "including its use of pyrotechnics."

The defendants also include alleged promoters or sponsors of the band's concert -- Anheuser-Busch; McLaughlin & Moran, Rhode Island's largest beer distributor and sole distributor of Anheuser-Busch products; Clear Channel Communications and WHJY-FM -- which the plaintiffs allege "knew or should have known that the concert [they] promoted involved a band that customarily utilized pyrotechnics, and that Great White had repeatedly, openly and illegally used unlicensed pyrotechnics on its tour on numerous occasions prior to Feb. 20, 2003."

Other defendants are: Denis P. LaRocque, the fire inspector for the Town of West Warwick and Irving J. Owens, the state fire marshal; Diane DeRousi, West Warwick town treasurer; and Bettencourt, the West Warwick police officer who was employed as a special detail officer to provide security services at The Station the night of the fire.

The lawsuit alleges that Bettencourt "permitted dangerous and unlawful overcrowding of the premises" for the Great White show and "failed to enforce Rhode Island's laws for the permit and use of pyrotechnics the night of Feb. 20."

Other defendants are: Barry H. Warner, a salesman for American Foam who lived behind the nightclub and who, according to the lawsuit, sold the flammable soundproofing foam to the Derderians; American Foam, of Johnston; Luna Tech Inc., of Alabama, which the suit says manufactured the pyrotechnics used by Great White on Feb. 20; and High Tech Special Effects, of Tennessee, the company the lawsuit says sold the fireworks to Great White.

The lawsuit alleges that Leggett & Platt, doing business as Crest-Hood Foam Company and Crest Foam; and General Foam, of Paramus, N.J., manufactured, distributed and/or sold foam to American Foam "which caused severe injuries and death to the plaintiffs." Foamex International, a publicly traded company, is sued because it took over certain assets of General Foam's business in 2001.

JBL Inc. is named as a defendant because it allegedly manufactured speakers and amplifiers in The Station which contained "highly flammable foam on and within the speakers."

A host of insurance companies that are alleged to have conducted inspections at The Station before the fire -- but which, according to the lawsuit, failed to document safety hazards and fire-code violations there -- are also being sued.

They include the companies that did the inspections and/or issued insurance policies for the nightclub: Lloyd's of London, which the plaintiffs allege issued liability insurance to Michael Derderian during the first year he operated The Station; Essex Insurance; Multi-State Inspections; High Caliber Inspections; and Gresham & Associates of R.I.

Four Seasons Coach Leasing, of Tennessee, the bus company that Great White used to transport the fireworks to The Station, is also named as a defendant.

The defendants are not expected to respond to the lawsuit until after the case is moved to the federal court. Before the lawsuit goes to trial, lawyers will have significant time to prepare and test evidence.

Tracy Breton can be reached at 277-7362 or tbreton [at] projo.com

DIGITAL EXTRA: Read the complete master complaint filed yesterday in The Station fire case, find more court documents, and recap the fire and its aftermath, at:

http://projo.com/extra/2003/stationfire/

DEFENDANTS:

D1. Jeffrey Derderian

D2. Michael Derderian

D3. DERCO, LLC

D4. Howard Julian

D5. Triton Realty Limited Partnership

D6. Triton Realty, Inc.

D7. Raymond Villanova

D8. Jack Russell

D9. Jack Russell Touring, Inc.

D10. Paul Woolnough

D11. Manic Music Management, Inc.

D12. Knight Records, Inc.

D13. Daniel Biechele

D14. Anheuser-Busch, Inc.

D15. Anheuser-Busch Companies, Inc.

D16. McLaughlin & Moran, Inc.

D17. WHJY, Inc.

D18. Clear Channel Broadcasting, Inc.

D19. Denis P. Larocque, Fire Inspector

D20. Anthony Bettencourt

D21. Diane DeRuosi, in her capacity as Treasurer of the Town of West Warwick

D22. State of Rhode Island

D23. Irving J. Owens, Fire Marshal

D24. Brian Butler

D25. LIN Television Corp.

D26. CBS Broadcasting, Inc., d/b/a WPRI-Channel 12

D27. Barry H. Warner

D28. Luna Tech, Inc.

D29. High Tech Special Effects, Inc.

D30. American Foam Corp.

D31. Leggett & Platt, Inc.

D32. L&P Financial Services Co.

D33. General Foam Corp.

D34. GFC Foam, LLC

D35. Foamex, LP

D36. Foamex International, Inc.

D37. FMXI, Inc.

D38. PMC, Inc.

D39. PMC Global, Inc.

D40. JBL Incorporated f/k/a James B. Lansing Sound,

Incorporated d/b/a JBL Professional

D41. Essex Insurance Co.

D42. Multi-State Inspections, Inc.

D43. High Caliber Inspections, Inc.

D44. Underwriters at Lloyd's, London

D45. Gresham & Associates of R.I., Inc.

D46. Four Seasons Coach Leasing, Inc.

D47-D58. "John Doe" defendants (being unknkown defendants who manufactured, distributed, sold or installed non-flame-retardant foam or other defective products in use at The Station nightclub on Feb. 20, 2003, who inspected the premises after installation of the foam but prior to Feb. 20, 2003, who promoted, managed or produced the appearance of Great White at The Station nightclub on Feb. 20, 2003, or who received property from Triton Realty-related persons or entities with intent to hinder, delay or defraud Plaintiffs).