PROVIDENCE, R.I. (AP) – A TV station and a cameraman accused of getting in the way of people fleeing the nightclub fire that killed 100 people have reached a tentative $30 million settlement with survivors and victims’ relatives, a lawyer involved in the deal said Saturday.
The settlement is the largest of several reached so far with the dozens of people and companies sued after the Feb. 20, 2003, fire at The Station nightclub. The blaze began when pyrotechnics used by the 1980s rock band Great White ignited highly flammable foam used as soundproofing around the stage.
Eight people who lived or worked in Connecticut died in the fire.
Brian Butler, a cameraman for WPRI-TV, was at the West Warwick nightclub gathering footage for a segment on safety in public places. One of the club owners, Jeffrey Derderian, was a reporter for the station at the time. Butler’s video formed the most complete record of the fire’s early moments, revealing the rapid spread of flames and the frantic rush for the exits.
Lawyers for the victims had accused him of impeding the crowd’s exit through the front door, where many of the bodies were ultimately found. Butler and his lawyer, Chip Babcock, have denied that he blocked the exit while leaving the club.
“We did then, and still do, vehemently deny this allegation which is disproved by the video itself,” WPRI general manager Jay Howell said in a statement Saturday confirming the settlement.
Babcock, who has previously said Butler “saved lives that night” did not immediately return calls seeking comment.
The settlement, which also involves the station’s parent company, LIN TV, was first reported Saturday by The Boston Globe. A lawyer involved in the case confirmed the settlement on the condition of anonymity because he was not authorized to speak publicly about it.
The defendants are not admitting any responsibility as part of the settlement, the lawyer said. The settlement requires the approval of the plaintiffs and a federal judge handling the case.
Roughly 300 survivors and victims’ relatives sued after the fire. Last year, lawyers reached settlements totaling roughly $18.5 million with a handful of the defendants, including a pyrotechnics manufacturer and a maker of insulation material that was used inside the club.
Chris Fontaine, who lost her son, Mark, in the fire and whose daughter, Melanie, was injured, said she was not surprised to learn about the latest deal because lawyers had told her to expect additional settlements. But she said the news brought little comfort.
“This has never been about the money,” Fontaine said. “No amount of money is ever going to bring back my son or remove the scars from my daughter.”
LIN TV trades on the New York Stock Exchange under the symbol TVL and owns TVL Broadcasting Inc. TVL Broadcasting issued a statement Saturday saying its insurers had reached the settlement last week on behalf of the station.
“This suit resides in the hands of our insurance companies, which made the decision to settle,” Howell said.
A judge has appointed a Duke University law professor to meet with survivors and victims’ relatives and work out a formula for dividing the settlement money.
There are still dozens of defendants in the case, including Anheuser-Busch, Clear Channel Broadcasting, several foam manufacturers, the state of Rhode Island and members of Great White. Club owners Jeffrey and Michael Derderian were also sued but have received bankruptcy protection.
In an affidavit submitted last year as part of the lawsuit against him, Butler said he left the club as soon as he noticed the flames and did not stop to videotape the patrons.
“Brian saved lives that night and provided the most accurate recording of this tragic event which has been invaluable to investigators and, frankly, to plaintiffs themselves,” Babcock said after the suit was filed.
Though civil cases related to the fire are pending, the criminal case was resolved in 2006 through plea deals with the three men charged.
Daniel Biechele, the former Great White tour manager who pleaded guilty to igniting the pyrotechnics without the required permit, is due to be released on parole next month after serving less than half of his four-year prison sentence. Michael Derderian was also sentenced to four years in prison and will be paroled in October 2009. His brother, Jeffrey, was spared prison time and was sentenced to community service.
AP-ES-02-02-08 1709EST
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