Suit blames Rhode Island, fire marshal in nightclub fire

PROVIDENCE, R.I. -- A lawsuit filed Tuesday is the first one to blame the state and the Rhode Island fire marshal for a nightclub fire that killed 99 people and injured nearly 200 others.

So far, three lawsuits have been filed over the Feb. 20 blaze at The Station in West Warwick and more are expected. A grand jury is also weighing whether criminal charges are warranted.

The latest legal action, which lists a host of other defendants, was brought on behalf of injured survivors Tammy Passa, 24, and Walter Castle Jr., 29, and Cheryl Harris-Rossi, whose husband, Joseph Rossi, 35, died.

The 61-page lawsuit does not specify damages, but plaintiffs' attorney Ronald Resmini estimated Tuesday that the amount could be more than $3 million.

It alleges the state and state fire marshal Irving J. Owens failed to adequately inspect the nightclub's property and to properly prepare local fire inspectors for their duties.

Among the other defendants are club owners Jeffrey and Michael Derderian; members of the band Great White, whose pyrotechnic display set off the fire; the town of West Warwick; and American Foam Corp., which sold the foam used as soundproofing in the club.

The foam, described by investigators as highly flammable, was not mentioned in inspection reports, according to town documents. State law bars highly flammable material from being used as soundproofing in clubs and bars.

Jeff Neal, a spokesman for Gov. Don Carcieri, would not comment on specifics of the lawsuit but said the state would fight it.

"Lawyers for the unfortunate victims seek out the party with the deepest pockets," Neal said.

The fire marshal and attorneys for the Derderians did not immediately return phone messages seeking comment.