Killer Show: The Station Nightclub Fire (62 page)

185–86
As a result of the PSC’s deliberate approach
Master Complaint of Superior Court Plaintiffs’ Steering Committee in
Gray et al. v. Derderian et al
., CA No. 04–3985, Superior Court for the State of Rhode Island, County of Providence, July 22, 2004.

186
So, on November 2, 2002
Title 28, Section 1369,
United States Code
.

187
Judge Lagueux was seventy-two years old
“Welcome to the United States District Court, District of Rhode Island,” webpage, November 16, 2009, USDC–RI.

187
Plaintiffs’ counsel were as dejected as
Transcript of Status Conference held on October 26, 2004, for consolidated Station fire civil cases,
Gray et al. v. Derderian et al
., CA No. 04–312-L, USDC–RI. Emphasis mine.

187
The defense attorney for Clear Channel Broadcasting was actually heard by the court stenographer
Ibid.

188
On May 27, 2003
Pretrial (Case Management) Order No. 2 in
Gray et al. v. Derderian et al
., CA No. 04–3985.

188
At the first federal court conference in the consolidated cases
Transcript of Status Conference, October 26, 2004.

189
That document, 224 pages in length
Third Amended Master Complaint in
Gray et al. v. Derderian et al
., CA No. 04–312-L, USDC–RI, Pacer Doc. No. 695, February 15, 2006.

26.
MAKING THE TOUGH CASES

191
Erin Pucino claimed to be an eyewitness
Affidavit of Pietra (née Erin) Pucino, August 15, 2007.

191
Another patron, Frederick Vallente
Witness statement of Frederick Vallente, November 6, 2003.

192
Butler could not have disagreed more strongly
Affidavit of Brian Butler in Support of Motion for Summary Judgment, March 5, 2007, in
Gray et al. v. Derderian et al
. (hereafter,
Gray
), CA No. 04–312-L, USDC–RI, p. 2,
6.

192
We also knew that Gonsalves’s weekly salary
Pay stub for Michael Gonsalves from Clear Channel Communications Inc. for period ending February 28, 2003.

192
Warner himself alleged
Fax from “A Knowledgeable Source” to Randy White of the Rhode Island Attorney General’s Office, May 28, 2003, acknowledged as sent by Barry Warner, in witness statement of Barry Warner, November 3, 2005.

192
Plaintiffs alleged that the foam was defective because
Third Amended Master Complaint in
Gray
.

193
The PU foam manufacturing defendants would have none of it
Motions of General Foam Corp. and Leggett & Platt Inc. for Summary Judgment, in
Gray
, Doc. Nos. 1231 and 1241 (April 9, 2007).

193
Moreover, the possible PU foam manufacturers contended
Ibid.

193
The Derderians’ lease
Lease between Triton Realty Limited Partnership and DERCO LLC, March 1, 2000.

193
That warranty ran only to the Derderians
Defendants, Triton Realty Limited Partnership, Triton Realty Inc., and Raymond J. Villanova’s Memorandum of Law in Support of Summary Judgment, April 9, 2007 (
Gray
Doc. No. 1192) pp. 16–17.

194
Unfortunately, the same Rhode Island statute
Rhode Island General Laws, Title 23, chap. 28.2, sec. 17

195
Because of their ownership of the Busch Gardens and SeaWorld theme parks
NFPA Standard 1126, 2001 ed., “Standard for the Use of Pyrotechnics before a Proximate Audience,” National Fire Protection Association, 2001, p. 1126–2.

195
Budweiser had only to visit Great White’s website
Affidavit of Jeffrey L. Hair, November 21, 2004, filed with Memorandum of Law in Support of Plaintiffs’ Objection to the Motion of the “Clear Channel Defendants” to Dismiss or, in the Alternative, for Summary Judgment, November 22, 2004.

195
Our investigation revealed that on the night
Memorandum in Support of McLaughlin & Moran Inc.’s Initial Motion for Summary Judgment, April 9, 2007 (
Gray
Doc. No. 1209), p. 8; Defendants Clear Channel Broadcasting Inc. and Capstar Radio Operating Company, as successor-in-interest to WHJY Inc.’s statement of Undisputed Facts in Support of their Motion for Summary Judgment, April 9, 2007 (
Gray
Doc. No. 1246), pp. 9–10,
28; grand jury testimony of WHJY employee Jeremy Gately, May 28, 2003, p. 13.

196
It didn’t hurt plaintiffs’ claim that the pyro manufacturer
Interview of Scott J. Ward by ATF special agents Josh Legere and Josh Rusk, June 23, 2003, in which Ward stated that the owner of Luna Tech Inc. called him “10–14 days after the Station fire” to give Ward the “heads up” that his license number had been improperly used two years earlier to sell gerbs to Randy Bast, who in turn sold them to Dan Biechele.

196
For years before the Station fire, multiple insurance companies
Inspection Reports of High Caliber Inspections Inc., April 4, 1996, and March 25, 1998; Gifford & Co. Inc., August 27, 1999; Abacus Service Co., April 27, 2000; Multi-State Inspections Inc., October 8, 2002.

196
The insurance inspections defendants argued
Motions of Underwriters at Lloyd’s, London (February 4, 2005) and Essex Insurance Co. (August 25, 2004) to Dismiss the Complaint, in
Gray
.

196
And Judge Lagueux agreed
Decision and Order, In Re Motions to Dismiss of Defendants Essex Insurance Company, Multi-State Inspections, Inc., and High Caliber Inspections, Inc., November 9, 2005,
Gray
Doc. No. 587; In Re Motion to Dismiss of Defendant Certain Underwriters at Lloyd’s, London, December 6, 2005,
Gray
Doc. No. 608; In Re Motions to Dismiss of Defendants Anchor Solutions Company, Inc. (previously Abacus Service Company, Inc.), V. B. Gifford & Company, Inc., Gresham & Associates of RI, Inc., and Surplex Underwriters, Inc., December 13, 2006,
Gray
Doc. No. 1122.

198
Rhode Island’s joint tortfeasor contribution statute
Rhode Island General Laws, Title 10, chap. 6, secs. 7, 8.

200
Once I realized there was a fire
Affidavit of Brian Butler in Support of Motion for Summary Judgment, March 5, 2007, p. 2,
6. Emphasis mine.

200
What that analysis revealed was striking
Brian Butler videotape, February 20, 2003, at 7:00–8:00 (run time).

200
“You need a live truck down here
Ibid. at 14:33 (run time).

201
settlements would be struck with most
Groupings of defendants, and their respective settlement contributions, are set forth in Exhibit D to “Master Release, Indemnity and Settlement Agreement,”
Gray
Doc. No. 2041–3, December 11, 2009.

201
I had the opportunity to show members of the West Warwick Town Council
Presentation before West Warwick Town Council, April 2, 2008.

27.
BURNING QUESTION

204
Julian spent the better part of a day
Deposition of Howard Julian, January 10, 2006, [page]/[line(s)]: 9/19; 10/1–10&25; 11/1–2; 15/7–10&22–25; 16/1–4; 18/24–25; 19/21–25; 20/1–10 20/24–25, 21/1–3.

204–5
Mickey Mikutowicz’s Black Sabbath tribute band
Statement of Michael Mikutowicz, September 15, 2005.

205
Inside the club
Deposition of Howard Julian, p. 32, lines 17–25.

205
At his first inspection of The Station
Deposition of Howard Julian, p. 33, lines 1–2; Field Inspection Notice of Denis Larocque, March 2, 2000.

205
Several weeks later, however, the Derderians
Deposition of Timothy Arnold, May 2, 2005, pp. 28–38.

205
Mikutowicz’s band, Believer, was scheduled to play
Coming-attractions poster from The Station, February 2003.

205
The night of the fire, Mickey watched the story
Statement of Michael Mikutowicz, pp. 10–11.

206
Even the NIST investigators seemed troubled
NIST Report, March 2005, pp. 4–14.

207
One of the objects photographed
Exhibit 04–0283-PR, evidence at West Warwick Police Department, viewing of July 1, 2005.

208
Mickey’s video statement documented
Statement of Michael Mikutowicz; list of Believer appearances at The Station, 1996–2002.

208–9
According to Julian
Deposition of Howard Julian [page/line]: 24/24 (“a foam business”), 25/9 (“Rhode Island”), 23/25; pp. 24–29, inclusive.

209
and Sealed Air Corporation
Technically, “Sealed Air Corporation” was dismissed as a defendant. Its related corporation, “Sealed Air Corporation (US)” remained as a defendant in the lawsuits.

209
its flagship product, BubbleWrap
BubbleWrap began its life in 1957 as a failed attempt at flocked 3-D wallpaper. In a moment of genius (and, possibly, consideration for interior decorators worldwide), its inventors realized that the product had more potential as a packing material.

210
Lovely pie-charts from that research “
AVI Laminated Planks Market Share, 1995–1996” chart.