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Wed. April 23.2003 4:49 PM EDT |
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Rhode Island Club Fire Suits Could Be ConsolidatedU.S. District Court may combine litigation if it agrees to hear case. by Jon Wiederhorn |
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Station club owner Jeffrey Derderian (CNN) |
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In a move that could speed up the judicial process for survivors and families of those who died in February's deadly Station club fire, a lawyer representing three victims has taken his case to federal court. Providence, Rhode Island,
If the U.S. District Court agrees to hear the case, it might consolidate all of the Station fire lawsuits to determine liability for the inferno that killed 99 and injured more than 200 (see "Death Toll Rises To 99 in Rhode Island; RI And Chicago Survivors Speak Out"). If that happens, after the verdict is read, the case would probably be sent to Superior Court to determine damages for each individual case, Resmini said. During a press conference Monday, Resmini said he filed in federal court to find out right away who has jurisdiction in all future cases. "Everyone gets an answer sooner rather than later," he said. In addition to potentially simplifying the jurisdiction issue, a federal trial would make it easier for defendants and plaintiffs to appeal, since federal law calls for immediate appeals before any trials for damages. In his lawsuit, Resmini names 24 defendants and up to 100 parties not yet identified. Like the two lawsuits already filed in Providence Superior Court, Resmini's suit names club owners Jeffrey and Michael Derderian; the four surviving Great White bandmembers; American Foam Corp., which sold the club the flammable packing foam it used for soundproofing; the town of West Warwick, Rhode Island; fire inspector Denis Laroque; Luna Tech Inc., which manufactured the pyrotechnics that ignited the blaze; radio station WHJY-FM, which sponsored the concert, and its owner, Clear Channel Communications (see "New Lawsuit Over Club Fire Targets Radio Station, Brewer"). Resmini also names show sponsors Anheuser-Busch and McLaughlin & Moran; the State of Rhode Island and its fire marshal, Irving J. Owens; and Triton Realty, owner of the property where the fire occurred. In the suit, Resmini claims Triton should have known that the Station didn't comply with safety standards and contained structural defects. The case also asserts that the state of Rhode Island didn't have enough inspectors for thorough safety checks and allowed the Station to keep toxic materials in the club. It also claims Owens failed to adequately train all fire inspectors in Rhode Island's 39 cities. While Resmini's suit is only the third filed thus far, a flood of others are expected as soon as test results have been returned on some of the materials collected from the remains of the Station. On April 10, Rhode Island's labor department fined Jeffrey and Michael Derderian $1.06 million for failing to provide their employees with worker's compensation (see "Owners Of Rhode Island's Station Club Fined $1.06 Million"). On Tuesday night, survivors of the Station fire gathered at the Providence Performing Arts Center for a benefit concert that featured Justincase, Billy Gilman, Phoebe Snow, Blue Öyster Cult, the Southern Rock All-Stars (ex-members of Molly Hatchet, Blackfoot and the Rossington Band), Rick Derringer and others. Around 3,000 tickets priced between $35 and $50 were sold. Of those, 500 were given to survivors and families of victims. Look out for your own safety, and check out "How To Keep Yourself Safe If There's A Crowd Crush Or Fire At A Club." This report is from MTV News. |
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