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Some Defendants Tentatively Agree to Settle in RI Nightclub Fire for $13.5 Million

By Newsferatu, Writer
Wednesday, September 5, 2007 @ 8:35 PM


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From the Associated Press:

Several defendants being sued by relatives of the 100 people killed in a 2003 nightclub fire have tentatively agreed to a $13.5 million settlement. The settlements, if approved by a judge, would be the first in what the plaintiffs hope will be several agreements with dozens of defendants in the lawsuits stemming from the Feb. 20, 2003, fire at the Station nightclub in West Warwick. The fire also injured 200 people.

"It's just the beginning," Michael St. Pierre, one of the attorneys representing nearly 300 fire survivors and victims' relatives who have sued in federal court, said Wednesday.

The fire began when pyrotechnics for the rock band Great White ignited flammable sound-absorbing foam around the stage and the club's walls. The foam quickly spread the blaze throughout the one-story roadhouse.

Among the companies that have tentatively agreed to settle are a manufacturers of soundproofing material, a manufacturer and vendor of pyrotechnics, the company that leased the building to club owners Jeffrey and Michael Derderian, and an alarm company, according to court papers.

Dave Kane, father of 18-year-old Nicholas O'Neill, the youngest fire victim, said families still want accountability for the fire beyond any financial settlement. But, he added, the money would be useful to people whose lives were damaged.

"There are so many people that are really desperate for this - out of necessity now, not greed," he said.

John Barylick, an attorney for the families, said the settlement is dependent on the court appointing a special master to oversee the distribution of the money.

"There is certainly agreement among the parties to settle, but it's dependent on clearing some legal hurdles," Barylick said.

The lawyers are recommending that Francis McGovern, a law professor at Duke University, serve as special master. They say he has fulfilled similar duties in more than 50 cases, including litigation over silicone breast implants and DDT pesticide exposure.

McGovern did not immediately respond to a call seeking comment.

Word of the potential settlement came hours before the state parole board heard from victims' families about a possible early release from prison for Daniel Biechele, the former tour manager for Great White.

Biechele, who pleaded guilty last year to 100 counts of involuntary manslaughter and is serving a four-year prison sentence, is eligible for parole this month.

"Daniel Biechele has robbed us of so much," Eileen DiBonaventura, who lost her 18-year-old son Albert, told the board as she pleaded to keep him behind bars.

But others said Biechele deserved credit for accepting responsibility and noted that he never intended any harm.

"In my opinion, Mr. Biechele demonstrated courage and integrity for acknowledging his role in that terrible tragedy," said Sarah Mancini, who lost her son, Keith, 34.

James Murphy, a lawyer for Triton Realty Limited Partnership, which leased the building to the club owners, said his clients "were personally traumatized" by the fire, not just the loss of the building but the fact that people had died in the building that they had owned.

"Regardless of the lack of liability, they wanted to get this behind them," Murphy said.

Plaintiffs say one of the companies that has agreed to settle in principle, Celotex Corp., manufactured, sold and distributed dangerous and defective soundproofing board that was located in the ceiling above the drummer's alcove. The board is different from the soundproofing foam blamed for fueling the flames. A lawyer for Celotex refused to comment.

Two other defendants included in the possible settlement are pyrotechnic maker Luna Tech Inc. and pyrotechnic vendor High Tech Special Effects Inc.

A lawyer for Luna Tech refused to comment, and a lawyer for High Tech did not return calls seeking comment.

Several defendants remain in the case and have not settled, including Clear Channel Broadcasting, Anheuser-Busch and Home Depot.

The Derderians and Biechele were convicted last year of 100 counts each of involuntary manslaughter. Jeffrey Derderian was sentenced to 500 hours of community service, while his brother was sentenced to serve four years in prison.


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