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Extra: The Station Fire

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Johnston company offers Station settlement

12:34 PM EDT on Friday, June 27, 2008

By Edward Fitzpatrick
Journal Staff Writer

PROVIDENCE — The Johnston company that sold flammable polyurethane foam to The Station nightclub owners has agreed “in principle” to pay $6.3 million to settle lawsuits stemming from the 2003 nightclub blaze that left 100 people dead.

The latest in a series of tentative settlements, this offer comes from the American Foam Corporation, the executors of the estate of the company’s late president, and former company salesman Barry H. Warner, who lived next to the West Warwick nightclub and told the club owners they could buy foam as soundproofing.

The notice of settlement was filed in U.S. District Court in Providence yesterday, saying that a “settlement in principle has been reached” with American Foam, Warner and the three co-executors of Aram DerManouelian’s estate — Jo-Ann DerManouelian, Everett Marabian and Paul Plourde.

The new settlement offer brings the pool of money offered to fire victims and their families to about $155 million. But it will be months before victims see any of that money because the deals hinge on the approval of the court, the approval of all the plaintiffs, and court approval of a plan for divvying up the money.

The fire was sparked by pyrotechnics that the manager of the Great White rock band set off at the outset of a Feb. 20, 2003, show at The Station nightclub. Sparks from the fireworks ignited highly flammable foam that was used as soundproofing. The blaze killed 100 people and injured more than 200.

The lawsuit alleged that Warner sold acoustical foam to club owners Jeffrey and Michael Derderian on behalf of American Foam Corporation and that the foam was “highly flammable, non-flame-retardant, toxic, inappropriate for acoustical use and inappropriate for interior finish in places of public assembly.”

Experts have said that the cheap, porous polyurethane foam sold to the Derderians was 20 times as flammable as wood and burns much like gasoline, emitting a dense, toxic smoke. American Foam Corporation, on John Street in Johnston, is a local foam fabricator.

Last month, several polyurethane foam manufacturers tentatively agreed to pay $30 million to the fire victims and their families. The manufacturers contributing to that settlement were Foamex International and General Foam, a company Foamex acquired in 2001; Leggett & Platt; FFNC Inc. and Wm. T. Burnett & Co. Inc.

All of the major corporate defendants have now reached tentative settlements. The remaining defendants include the Town of West Warwick, the State of Rhode Island and Great White.

The last “big pocket” defendant tentatively agreed to a settlement earlier this month. Sealed Air Corporation, a New Jersey company that manufactures polyethylene foam, agreed in principle to pay $25 million.

American Foam Corporation referred questions to Providence lawyer Thomas Angelone, who could not be reached immediately for comment.

A court-appointed special master is working on a matrix that would be used to determine how much each plaintiff would receive. Not every plaintiff would share equally in the proceeds. The grid, which is being devised by Duke University law Prof. Francis E. McGovern, will take into account factors such as the severity of injuries and the number of dependent survivors.

efitzpat@projo.com

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