Published January 14, 2015
More than 200 relatives of victims of last year's nightclub fire and survivors joined in filing a lawsuit Thursday, citing dozens of defendants including the state, club owners, the leader of the band Great White (search) and a fire inspector.
The 70-count lawsuit was filed in Providence Super soundproofing material.
It also claims fire inspector Denis Larocque is liable for failing to note the presence of the foam used as soundproofing during a series of routine fire inspections conducted since the Derderians bought the club in March 2000.
The highly flammable foam is blamed for spreading the fire quickly through the one-story wooden nightclub.
The lawsuit also alleges that band leader Jack Russell (search) and the band's tour manager Dan Biechele, were negligent for igniting the pyrotechnics.
The Derderian brothers and Biechele were indicted last December on 200 counts each of involuntary manslaughter. They have pleaded innocent.
In the lawsuit, Anheuser-Busch (search) is alleged to have contributed to overcrowding in the club by promoting the Great White concert, where its Budweiser beer was to be sold. Clear Channel Broadcasting was also named in the lawsuit, for the promotion of the concert by one its radio stations, WHJY.
"WHJY, Inc. knew or should have known that the concert and band that it promoted was one that customarily utilized pyrotechnics and that Great White had repeatedly, openly and illegally used unlicensed pyrotechnics on its tour," the lawsuit said.
The lawsuit alleges that Brian Butler, a WPRI cameraman, impeded the exit of concertgoers trying to leave the club while he was shooting video of the fire. CBS in New York was also sued for doing business with WPRI.
Additionally, the lawsuit names Essex Insurance Co. for allegedly failing to note the presence of highly flammable "surface treatments" and the inadequacy of exits. According to the lawsuit, Essex conducted inspections of the club at least three times between 1996 and 2002. Essex issued a commercial liability policy to Michael Derderian which began March 24, 2002. The last inspection occurred Oct. 8, 2002, just months before the fire.
The lawsuit also named two publicly traded foam manufacturers, Leggett & Platt and Foamex International.
Several other lawsuits on behalf of families and survivors have been filed in U.S. District Court in Providence.
A U.S. district judge ruled in March that the civil suits stemming from the fire should be heard in federal court, rather than state. Some plaintiffs and defendants had argued lawsuits should be heard in federal court because the cases involve parties from several states. But others, including those who filed the lawsuit Thursday, said the fire was essentially a local disaster and lawsuits should be handled in state court.