Killer Show: The Station Nightclub Fire (63 page)

210
Arnold finally admitted that, as he watched Julian
Affidavit of Timothy Arnold, June 19, 2007,
9–15.

211
So it probably saw no harm
Motion for Summary Judgment by Defendant Sealed Air Corporation (US), April 9, 2007,
Gray
Doc. No. 1242, Exhibits A–C.

213
They set fire to the structure
“Time of PE Involvement (PU&PE Sandwich, Modified Corner)” chart, Western Fire Center Inc.

213–14
The results were stunning
“Comparison of HRR [heat release rate] for PU Foam and PU+PE Foam Sandwich (Modified Corner Test)” and “Carbon Monoxide Production from PU and PE+PU Foam Sandwich (Modified Corner Test)” charts, Western Fire Center Inc.

215
We came to learn that Sealed Air and Sentinel
Affidavit of John D. Bambara, June 4, 2008.

215
Scott would use a standardized test methodology
See American Society for Testing and Materials, ASTM D2765, “Standard Test Methods for Determination of Gel Content and Swell Ratio of Crosslinked Ethylene Plastics.”

216
My next PowerPoint slide was a direct quote
PowerPoint slide from Sealed Air mediation presentation, June 10, 2008.

216–17
My comments today are restricted to the issue
Statement of Frederick W. Mowrer, Ph.D., P.E., FSFPE, to the Special Meeting of NFPA’s Technical Committee on Assembly Occupancies, March 13, 2003. Emphasis mine.

217
Up went the slide showing Sealed Air’s resulting market share
PowerPoint slide from Sealed Air mediation presentation, June 10, 2008.

28.
DIVINING THE INCALCULABLE

220
Lawyers are prohibited by ethical rules
Rhode Island Rules of Professional Conduct (based upon ABA Model Rules of Professional Conduct), Rule 1.8(g).

220
Only with each of his clients’ informed consent
Ibid.

220
Courts have the power to appoint individuals
Federal Rule of Civil Procedure 53.

220
The special master eventually appointed by Judge Lagueux
Order of Reference to Special Master Francis E. McGovern, November 27, 2008, in
Gray
, Doc. No. 1735.

220
McGovern had previously served
Curriculum vitae of Francis E. McGovern.

223
In 2003, children of a decedent
Rhode Island General Laws, Title 10, chap. 7, sec. 1.2.

223–24
Under that plan
Plan of Distribution of Special Master Francis McGovern, Exhibit 2 to Plaintiffs’ Memorandum in Support of Their Motion for Approval of Special Master McGovern’s Proposed Plan of Distribution, February 6, 2009,
Gray
Doc. No. 1949–2.

224–25
Verification of each victim’s medical expenses would be performed
Plaintiffs’ Memorandum in Support of Their Motion to Appoint Jeffrey Dahl as Neutral Verification Expert, February 6, 2009,
Gray
Doc. No. 1950–2.

225
In his final report to the court, special master McGovern
Preface to Proposed Plan of Distribution, by Special Master Francis McGovern, November 5, 2008.

225
A document acceptable to all parties did not emerge
Exhibit 1 to Memorandum of Law in Support of Plaintiffs’ Motion to Accept the Report and Recommendation of Special Master Poore and Approve Minors’ Settlements, December 11, 2009,
Gray
Doc. No. 2041–2.

226
In the mid-1990s, Perry Walton
Richard B. Schmitt, “Staking Claims: A Las Vegas Lender Tests Odds in Court—and Forms an Industry—Funding Lawsuits Pays Off for Mr. Walton,”
Wall Street Journal
, September 15, 2000.

226
By 1999, Walton was back operating
Ibid.

226
The advance would only be collectible from the proceeds
Courtney R. Barksdale, “All That Glitters Isn’t Gold: Analyzing the Costs and Benefits of Litigation Finance,” 26 Rev.Litig. 707 (2007).

226
The industry is unregulated
Susan Lorde Martin, “Litigation Financing; Another Subprime Industry That Has a Place in the United States Market,” 53 Vill.L.Rev. 83 (2008).

227
because the industry is largely unregulated
Martin, 53 Vill.L.Rev. 83.

227
The CEOs of two LFCs have been quoted as
Christina Merrill, “Judgment Call; Firms That Lend to Personal Injury Plaintiffs Take Steps to Improve Their Bad Guy Image,”
Crain’s New York Business
, January 27, 2003; Mike France, “The Litigation Machine,”
Business Week
, January 29, 2001, p. 114.

227
Lawyers are barred by ethical rules from lending money
Rhode Island Rules of Professional Conduct (based upon ABA Model Rules of Professional Conduct), Rule 1.8(3)(e).

29.
MEMENTO MORI

228–29
The individual memorials at the Station site began
Zachary R. Mider, “Archaeologists Study Station Memorials,”
Providence Journal
, February 19, 2005.

229
A cross for Sandy and Michael Hoogasian
G. Wayne Miller, “Our Ground Zero,”
Providence Journal
, February 20, 2009.

229
One Station patron, who narrowly escaped from the flames
Peter C. T. Elsworth, “A Rolling Memorial Born of Tragedy,”
Providence Journal
, February 20, 2008.

229
The father of one young woman killed in the fire
Michael Corkery, “Words of Contrition and Words of Anger,”
Providence Journal
, February 20, 2004.

229–30
One grieving parent took it upon herself
Associated Press photo 03091503035, by Victoria Arocho; note provided by Jodi King, vice president of the Station Family Fund.

230
Russell’s career continued apace following
Scott Smith, “Great White on Rib Room Menu for Aug. 18,”
Fort Smith (AK) Times Record
, August 12, 2010.

230
sans pirate bandanna and four inches of hairline
Official Great White website photo, August 2010.

230
The seating capacity of Neumeir’s is two hundred
Arkansas Department of Parks and Tourism website, 2010.

230
At a memorial service one year after the fire
Cathleen Crowley, “Station—February 20, 2003—a Year of Healing—in R.I., Greater Fire Safety Will Take More Time,”
Providence Journal
, February 20, 2004.

230
In the past, Human Clay had hired
Witness statement of Frank Davidson, February 22, 2003.

230
He spent only two years and three months
Talia Buford, “Alert: Derderian Gets Out of Prison Early on Good Behavior,”
ProJo 7-to-7 News Blog
, June 25, 2009.

230
A year after the fire, the brothers tried
Decision of Gibney, J. in
Michael Derderian and Jeffrey Derderian v. Essex Insurance Co
., CA No. PC-2004–3458, June 25, 2009.

230
In yet another legal proceeding
Lynn Arditi, “Derderians Held Not Liable for $1 Million Insurance Fine,”
Providence Journal
, February 28, 2004.

231
Less than a year after his early release from prison
Talia Buford, “Derderians Bow Out of Talk at Safety Conference in Pennsylvania,”
Providence Journal
, February 18, 2010.

231
The only other person who was convicted of a crime
John C. Drake, “Biechele Gets Parole in Station Club Fire,”
Boston Globe
, September 20, 2007; “Great White Manager Released from Jail,” Associated Press, March 19, 2008.

231
The Station fire evoked an unprecedented outpouring
Titan Report, §§ F-25, F-26 and F-27.

231
It was inevitable that someone would try to game
Witness statements of Jessica Studley, June 17, 2004, and August 23, 2004; witness statement of Brian Loftus, March 20, 2003; witness statement of Officer Michael Turner, Warwick Police Department, August 20, 2004; Application for Crime Victim Compensation of David M. Fravala, March 16, 2004 (the latter two published by AG under “statements of Jessica Studley [2]”).

231
The tragedy spurred improvements to Rhode Island’s fire code
Rhode Island General Laws, Title 23, chap. 28.1, sec. 1, et seq.

232
Changes of a different kind occurred for several officials
Complaint in
Wolfgang Bauer v. Town of West Warwick et al.
, CA No. KC-08–0524,
28, 33; letter from David D. Clayton, West Warwick Town Council clerk, to Wolfgang Bauer, December 5, 2007; William O’Gara, litigation counsel for West Warwick, in discussion with the author, February 2, 2010; C. Eugene Emery Jr., “Ex-Town Manager in Line for Pension,”
Providence Journal
, December 11, 2009.

232
Jay Kingston, the ME investigator
Jay Kingston, in discussion with the author, July 29, 2011.

232–33
Kingston’s boss, Chief State Medical Examiner Elizabeth Laposata, MD
Michael P. McKinney, “They Won’t Forget,”
Providence Journal
, June 14, 2005; Jay Kingston, discussion with author.