Victims filing first federal lawsuit in Rhode Island nightclub fire
PROVIDENCE, R.I. (AP) _ The state of Rhode Island and the state fire marshal are among defendants listed in the first federal lawsuit filed in connection with the nightclub fire that killed 99
people and injured nearly 200 others.
The suit was filed Tuesday in U.S. District Court in Providence on behalf of two fire survivors and the wife of a man who died in the Feb. 20 blaze at The Station in West Warwick.
Survivor Tammy Passa, 24, of Warwick, suffered severe burns and was permanently scarred in the fire. Walter Castle Jr., 29, of North Kingstown suffered severe inhalation injuries. Cheryl
Harris-Rossi of Pawtucket lost her husband, Joseph Rossi, 35, in the fire.
The 61-page lawsuit does not specify the amount of damages it seeks, but attorney Ronald Resmini estimated Tuesday that it could reach more than $3 million.
The lawsuit alleges the state and state Fire Marshal Irving J. Owens failed to adequately inspect the nightclub's property and to properly prepare local fire inspectors for their duties.
Jeff Neal, a spokesman for Gov. Don Carcieri, said the state would contest the allegations.
``First and foremost, the governor does not believe that the state is responsible for The Station fire tragedy and we will contest this suit,'' Neal said. ``Secondly, it's important to
realize that this is part of a process. The way lawsuits work these days, in tragedies like this, is that lawyers for the unfortunate victims seek out the party with the deepest pockets.''
Neal would not comment on specifics in the lawsuit.
A phone message left with the fire marshal was not immediately returned.
The lawsuit accused club owners Jeffrey and Michael Derderian of negligence for failing to obtain permits for pyrotechnic use and for failing to ensure exits and emergency lighting worked properly.
The lawsuit claims the Derderians ``negligently and intentionally installed soundproofing material surrounding the stage at the former Station nightclub and failed to ensure that the
material installed was fire resistant, in violation of Rhode Island General Laws.''
Officials have said sparks from the band Great White's pyrotechnic display ignited the foam, which rapidly spread the fire, engulfing the club within minutes.
The foam, described by investigators as highly flammable, was not mentioned in inspection reports, according to town documents. State law bars such highly flammable material from being used as soundproofing in clubs and bars.
Attorneys for the Derderians did not immediately return phone messages seeking comment.
American Foam Corp., the company that sold the foam to the Derderians, is also named as a defendant in the lawsuit, along with members of Great White, the town of West Warwick, and beer company Anheuser-Busch Cos. Inc.
The lawsuit claims Anheuser-Busch and its local beer
distributor, McLaughlin and Moran Inc., were sponsors of the Great White concert and may have contributed to the concert's capacity because they arranged for a batch of Budweiser beer brewed in Anheuser-Busch's New Hampshire brewery to be delivered to The Station so fans could have the ``freshest beer.''
The use of alcohol also ``interfered with the ability of said patrons to react in such a manner as to exit the premises safely,'' Resmini wrote in the lawsuit.
A spokeswoman for Anheuser-Busch did not immediately return a phone message seeking comment.
Two other lawsuits have been filed in state court on behalf of three victims' families, and more are expected. A grand jury is also weighing whether criminal charges are warranted.
Resmini said Tuesday it is now up to a federal judge to determine whether the nightclub fire lawsuits belong in the federal court system.
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