The owner of a radio station that promoted a rock concert where pyrotechnics ignited a deadly blaze reached a tentative $22 million settlement with survivors and victims’ relatives, according to court papers filed Wednesday.
The deal with Clear Channel Broadcasting is the latest in a series of settlements stemming from the Feb. 20, 2003, fire at The Station nightclub in West Warwick that killed 100 people and injured more than twice that many.
The fire began when pyrotechnics used by the rock band Great White ignited flammable foam used as soundproofing on the club’s walls and ceiling.
Victims’ lawyers sued Clear Channel, accusing the rock radio station WHJY-FM of promoting the concert by running on-air advertisements, distributing free tickets to the show and having a disc jockey serve as master of ceremonies and introduce the band.
Lawyers say the station knew or should have known that the concert it was advertising featured a band that regularly used pyrotechnics at its shows. They say the DJ, Mike Gonsalves – who was among those killed – had the authority to stop or delay the concert for safety reasons but failed to do so.
The company has said in court papers that it had no control over what happened at the club that night and did not arrange, pay for or control Great White’s performance.
Clear Channel said in a statement Wednesday that it was saddened by the “tremendous harm” caused by the fire.
“While Clear Channel had no role in causing or contributing to this fire, we are pleased to resolve these claims and, hopefully, contribute in some way to a sense of resolution for the affected victims and their families,” the company said in a statement.
The settlement requires the approval of all the plaintiffs and the federal judge overseeing the case, among other conditions, the court papers said. A Duke University law professor has been appointed to create a formula for the distribution of settlement money.
The settlement also covers the radio station itself and Capstar Radio Operating Company, which is part of Clear Channel, according to the documents.
The tentative deal brings to more than $70 million the total amount of settlement money offered to survivors and victims’ relatives. Other defendants who have reached settlements in recent months include The Home Depot, a manufacturer of insulation material, a pyrotechnics maker and a TV station whose cameraman was accused of blocking an exit while filming the fire.
Dozens of people and companies remain part of the case, including Anheuser-Busch, members of Great White and the state of Rhode Island.
