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February 13, 2008

Clear Channel offers to pay $22M to Station fire victims

PROVIDENCE -- Clear Channel Broadcasting has tentatively agreed to pay $22 million to the victims of The Station nightclub fire, bringing the pool of settlement money offered thus far to $71.5 million.

Lawyers for those who lost loved ones or suffered injuries in the February 2003 fire sued Clear Channel because it owns Providence radio station WHJY, one of the sponsors of the Great White concert that began with a burst of pyrotechnics which ignited the club’s foam soundproofing and led to the deaths of 100 people. More than 200 others were injured.

Clear Channel Broadcasting is a division of the San Antonio, Texas-based Clear Channel Communications, a publicly traded company that is the nation’s largest radio station owner. Clear Channel owns and operates more than 1,200 radio station in the United States and was one of the companies with deep-pockets that lawyers for the fire victims had targeted in hopes of securing large damages for them.

The settlement offer covers Clear Channel, WHJY and Clear Channel’s subsidiary, Capstar Radio Operating Co., the successor to WHJY Inc., all of which were named as defendants in the federal lawsuits brought by the fire victims.

In the lawsuits, the victims allege that Clear Channel Broadcasting was negligent and partly to blame for the deaths and injuries suffered by the fire victims because it “directly manages and controls the day-to-day affairs” of WHJY, including “decisions made with respect to promotion and sponsorship of concerts such as that which occurred at The Station on February 20, 2003.”

-- Journal staff writer Tracy Breton

The victims allege that WHJY -- which is named as a separate defendant -- “knew or should have known that the concert and band it promoted” at The Station the night of the fire “was one that customarily utilized pyrotechnics and that Great White had repeatedly, openly and illegally used unlicensed pyrotechnics on its tour on numerous occasions” before Feb. 20, 2003, and had planned to set off illegal fireworks the night the club burned down.

The victims’ lawsuits also allege that WHJY and its disc jockey, Michael Gonsalves (known as Dr. Metal) who died in the blaze, “had both the authority and opportunity to stop or delay Great White’s performance over any issue relating to safety or equipment” but failed to do so.

Clear Channel Broadcasting and Capstar had asked the federal court to dismiss the claims against them but in a decision issued in 2005, Senior U.S. District Court Judge Ronald R. Lagueux, who is overseeing the fire victims’ claims, refused to throw them out.

In a written decision, Lagueux said, “To the extent that paintiffs can establish that WHJY had control over the planning and operation of the concert, then the court can find that WHJY owed a duty…to the plaintiffs. That duty, if proven to exist, may have been breached when WHJY failed to take any steps to prevent the ignition of the fireworks inside the small and crowded nightclub.”

Clear Channel’s proposed settlement agreement will have to be approved by Lagueux – who has yet to sign off on any of the settlement offers that have been made by other parties -- before any of the victims can receive any money.

Posted by Mike McKinney  at 1:27 PM | Permalink

Comments

I ALSO LOST CLOSE FRIENDS DUE TO THE STATION FIRE,
BUT I THINK AT THE TIME OF GREIF NO ONE WAS REALLY THINKING, AND TO NAME SOME OF THE PARTIES THAT THEY THINK IS RESPONSIBLE IS CRAZY, THE ONLY ONES TO BLAME ARE THE OWNERS OF THE ESTABLISHMENT, DUE TO BECAUSE THEY SHOULD BE ACCOUNTABLE FOR THE PATRONS IN THEIR PLACE OF BUISNESS AND THAT GOES FOR ANY PLACE OF BUISNESS, RESTURANTS,GYMS, ETC ANY ESTABLISHMENT..NAMING THE RADIO STATION,BEER COMPANY, ETC. THATS CRAZY THEY DIDN'T NO WHAT WAS GOING TO HAPPEN JUST LIKE THE PEOPLE THAT ATTENDED THE CONCERT THAT NIGHT...BUT AS FOR THE OWNERS THEY KNEW THE SHORT CUTS THEY TOOK TO SAVE MONEY...SO THEM AND ONLY THEM SHOULD BE RESPONSIBLE. IT IS A TRAGEDY THAT WILL LIVE IN THIER LOVED ONES MINDS FOREVER...MAY THE VICTIMS OF THIS TRAGEDY REST IN PEACE FOREVER AND THE FAMILIES AND INJURED FIND PEACE.....

LISA | February 13, 2008 4:34 PM link

It is absolutely mindboggling to me that the one person who could have - should have - stopped this entire sad episode, was not charged with anything, and that is the West Warwick Fire Inspector.
If this clown did his job, 100 people would be alive today.
Those who want to blame the radio staion, the beer distributor, or the part time club owner, are pissing in the wind.

Jonathan | February 13, 2008 10:38 PM link

Jonathan,
I couldn't agree with you more and have been saying that right along. Everybody is getting blamed except the one person that didn't do his job and now he's saying he was contrating on other violations. What an idiot. That foam covered an entire wall, it looked like box packing material.

Paul | February 14, 2008 6:44 AM link

I find it disgusting that WHJY, along with Michael Gonsalves be named in any lawsuit pertaining to the Station fire.Blame should have soley been placed on the shoulders of the club owners and fire inspector, but the search for "scapegoats" continues.

Patty | February 14, 2008 7:59 AM link

I agree w/the others....this lawsuit is crazy, HJY and CC should have nothing to do w/this. The owners and the fire inspector bear the blame.

Jane | February 14, 2008 8:56 AM link

It seems to me this whole lawsuit business is so the lawyers can make excessive money, and as usual the judge (assumed to be a former lawyer) goes right along with anything to drag this out even more. How the fire inspector got away with no punishment is typical American justice (I do love our country but have more than once been embarrassed concerning stupidity in our "justice system"). While the owners should definitely be held responsible, the fire inspector could have saved our community from this tragedy. His job is to make sure owners are doing the right thing, otherwise what is the point of a fire inspector? How he lives with that is beyond me, I do hope he's not still employed in the same position. Shameful...

ml | February 14, 2008 10:26 AM link

I agree with those who can not believe that the Fire Inspectors didn't take the largest portion of the blame. Were they paid off to look the other way? Even worse! But what's really getting my blood to boil are these crazy lawsuits against companies that had nothing to do with it. I mean the 25M some styrofoam company is paying is just nuts! It wasn't even clear whether or not it was their products in the club. And even it it was, the club used it incorrectly as sound-proofing.
I am all for having these families sue the pants off of anyone and everyone involved, like the city, the show managers, and the club owners, but not the radio and TV stations, styrofoam companies etc. it makes them seem like gold diggers.

franktalk | June 16, 2008 12:02 PM link

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