Fire and Explosion Litigation

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Mizpah Hotel Fire

On October 31, 2006, Valerie Jean Moore intentionally set a fire at the historic Mizpah Hotel in Reno, Nevada. Twelve people perished in this arson fire and more than 30 others were injured. Moore pled guilty to arson and twelve counts of murder. One lawsuit has been filed against the owner/operator of the hotel, and more litigation is expected. We were retained to defend the owner/operator against claims arising out of the fire. Shortly after the first lawsuit was filed, we filed a motion to dismiss the suit because the sole cause of the fire was Valerie Jean Moore's unforeseen murderous act. This motion is currently pending in state court in Reno, Nevada.

Ivel Natural Gas Pipeline Explosion

On November 8, 2004, a natural gas transmission line exploded in a residential subdivision in Ivel, a small community in eastern Kentucky. The explosion leveled houses in the subdivision and injured nine people, including an off-duty Kentucky State Police trooper who lived in the subdivision and helped rescue a woman and small child. Over 30 plaintiffs sued the owner and operator of the pipeline for personal injuries and property damage.  We represented the owner of the pipeline and defended our client in the civil litigation and in proceedings with regulatory agencies investigating the explosion.

Comfort Inn Fire

In the early morning hours of January 25, 2004, a likely arson occurred at a Greenville, South Carolina Comfort Inn. Six guests on the third floor of the hotel died and more than ten others claim fire-related injuries. Nine lawsuits stemming from the accident are filed to date in South Carolina state and federal courts, most naming Comfort Inn’s franchisor (our client) as one of numerous defendants. We have won summary judgment motions on behalf of the franchisor in all federal court cases.

Rhode Island Station Nightclub Fire

At around 11:00 p.m. on February 20, 2003, rock and roll band “Great White” took the stage at an overcrowded West Warwick, Rhode Island nightclub called “The Station.” Great White announced its presence with a pyrotechnic display which immediately ignited building materials and polyurethane packing foam which the club owners had illegally applied to the walls and ceiling of the club in response to neighborhood noise complaints. Within five minutes, fire had consumed much of the club, ultimately claiming 100 lives and injuring scores of other club patrons.

The club’s owners and the band’s pyrotechnician have been convicted for their roles in the club’s condition and their activities, which caused the fire. Multiple civil lawsuits name the property owners, Great White band and its managers, the pyrotechnics manufacturer, city and state officials, sponsors and promoters of the concert, the distributor of the packing foam, and alleged manufacturers of the packing foam. We represent the alleged foam manufacturers, and have filed motions for summary judgment on their behalf. The litigation is ongoing.

CTA Acoustics Plant Explosion

A February 20, 2003 fire and explosion destroyed the CTA Acoustics plant in Corbin, Kentucky. Ultimately, 7 workers died and more than 40 others suffered serious personal injuries. The U.S. Chemical Safety and Hazard Investigation Board investigated the incident, and we assisted our client in responding to the investigators’ requests. The Board issued a report detailing the investigation in February 2005. Six civil lawsuits with a total of 125 plaintiffs were filed, including a property damage lawsuit claiming damages in excess of $100 million. We represented CertainTeed Corporation, one of the two original defendants in the litigation. The court granted CertainTeed’s motion for summary judgment and dismissed all claims asserted against the company.

West Pharmaceutical Services Plant Explosion

On January 29, 2003, a massive explosion ripped through the West Pharmaceutical Services Plant in Kinston, North Carolina. Six people died of injuries sustained in the explosion and ensuing fire, and over thirty others allege resulting injuries. The explosion was investigated by the U.S. Chemical Safety and Hazard Investigation Board, which issued a report detailing its investigation. Multiple plaintiffs filed civil lawsuits against manufacturers of industrial equipment used in the facility, manufacturers of materials used by West Pharmaceuticals in the rubber-manufacturing processes, design engineers and building inspectors. Plaintiffs are claiming damages in excess of $100 million. We represented the manufacturer of a chemical that Plaintiffs allege was used in the rubber making process.

Imperial Food Products Fire

Twenty-five food workers, trapped behind pad-locked doors, lost their lives when a fire ripped through the Imperial Food Processing Plant in Hamlett, North Carolina. Aware of the limited assets and insurance available to Imperial, the plaintiffs’ counsel identified every conceivable material that could have been a source of fuel or toxic gasses. While some suits were initially filed in the decedents' home states of North and South Carolina, a creative consortium of some of the best known plaintiffs’ lawyers in America filed suit in state court in Beaumont, Texas.

Fearing the plaintiff-oriented forum of Beaumont and taking advantage of the bankruptcy of Imperial, defendants removed the case to U.S. District Court in Beaumont, Texas and later were successful in transferring the case to federal court in North Carolina. The U.S. Fourth Circuit Court of Appeals ultimately reversed and sent the case back to federal court in Texas, where we ultimately obtained dismissal of the claims against our clients.

Rio Piedros Explosion Litigation

An explosion occurred in 1996 in a six-story commercial building in Rio Piedros, San Juan, Puerto Rico causing 33 deaths, numerous injuries and extensive property damage with ensuing business interruption. The lawsuits that followed included over 1400 plaintiffs with claims asserted against the local gas company, its parent and related corporate entities, the telephone company, the sewer authority and others.

The defense of this litigation, centered in federal and state court in San Juan, is continuing.

Howard Johnson’s/Holiday Inn Fire | Bowling Green, Kentucky

On January 6, 1996 the owner and operator of a Howard Johnson’s franchise motel intentionally set it on fire as part of an arson for profit scheme designed to collect a $5 million insurance claim. The motel had been originally built and remodeled as a Holiday Inn franchise with an interior atrium. While many escaped this horrible event, four people were killed and sixteen others were injured. The resulting lawsuit named approximately two- dozen defendants. We represented a primary defendant in extensive pretrial discovery and motion practice and were able to obtain a favorable resolution for our client.

One Meridian Plaza Fire

In 1991, the One Meridian Office Tower Plaza, a 38-story high rise tower located in the heart of downtown Philadelphia, caught fire. Almost none of the lower stories were equipped with sprinklers. The fire burned out of control for hours until it reached the upper levels, which had sprinklers. The sprinklers installed on the upper level floors extinguished the fire in a matter of minutes.

The overall damage to the building, property and businesses totaled over $1 billion. Numerous suits were filed, principally by the businesses located in the building and the building owner, against nearly 100 defendants who had provided products and services to the building over the years. After extensive litigation and formation of an active defense group, we successfully resolved numerous pending lawsuits filed against our clients.

The Happy Land Social Club Fire

On March 25, 1990, a spurned lover set fire to a dilapidated social club in the Bronx, New York — killing 87 people. Most were immigrants looking forward to a festive Saturday night. The national attention and reporting of this tragic event drew plaintiffs’ lawyers from as far away as Puerto Rico. These lawyers combined with some of the most well known lawyers in New York City to launch a full-scale attack against more than a dozen product defendants and four-dozen other defendants.

They were hoping that a Bronx jury would award multi-million dollar verdicts. In spite of the intense publicity and an emotionally charged atmosphere in this plaintiff-friendly jurisdiction, all of the claims against our clients were resolved by dismissals, summary judgments, or less-than-cost-of-defense settlements.

San Juan Dupont Plaza Hotel Fire Litigation

The San Juan Dupont Plaza Fire litigation was described at the time as the largest single incident, mass tort case in history. The fire killed 95 guests and injured more than 1,400 hotel patrons, many of whom were evacuated by helicopter from the roof on this high-rise beach hotel. Resulting litigation involved class action suits filed in several states, which were the subject of an MDL consolidation and, ultimately, a 13-month trial in Federal Court in San Juan, Puerto Rico. More than 100 defendants were sued.

Frost Brown Todd defended a group of more than two-dozen defendants and formed one of the first CPR-sponsored Cooperative Defense Groups, encapsulating all of the defendants into a centralized defense team, which greatly reduced the costs of defense. These collective efforts resulted in defense verdicts, or less-than-cost-of-defense settlements for our clients.

Beverly Hills Supper Club Disaster

On May 28, 1977, more than 1,200 patrons were crowded into the Cabaret Room of the Beverly Hills Supper Club enjoying the evening and awaiting a performance by popular singer John Davidson. Unbeknownst to them, a fire broke out in an empty meeting room. The fire rapidly spread down the north hallway, entering the Cabaret Room at 9:08 p.m. The exits were inadequate to evacuate the overcrowded room and 167 patrons were killed. Their bodies were stacked five and six-deep at the exits.

The Supper Club was without adequate insurance or assets to compensate the victims. In the aftermath of the fire, multiple class action lawsuits were filed by Stanley Chesley (subsequently proclaimed the "Master of Disaster" by Fortune Magazine). They sought damages from hundreds of defendants who allegedly had some connection with either the electrical system or the furnishings of the club. Many years later, after three trials and numerous appeals, the cases were resolved. Frost Brown Todd represented six (6) defendants through three trials and we have opposed have Mr. Chesley all over the world,
ever since.

Mass Tort litigation—as it is known today—was born from this case.

Air Canada Litigation

On June 2,1983 an Air Canada flight en route from Dallas, Texas to Montreal, Canada sustained a fire in the aft lavatory of the McDonnell Douglas DC 9-32. After unsuccessfully attempting to extinguish the fire, the crew made an emergency landing at the Greater Cincinnati Airport near Covington, Kentucky. When the plane doors were opened, the passenger cabin filled with smoke and flames and 23 of the 46 passengers died.

The lawsuits that followed were consolidated in a federal MDL court in Los Angeles. After extended motion practice presenting arguments that the furnishings in the plane’s interior were fire-worthy under FDA regulations, our defendants were dismissed.

Stouffer Inn Fire, Harrison, New York

On December 3, 1980, less than two weeks after the blaze at the MGM Grand Hotel in Las Vegas, a fire erupted in the Stouffer Inn Conference Center in Harrison, New York, killing twenty-six people and injuring several dozen others. The fire started with an explosive force and spread in seconds through the hallways and meeting rooms of the third floor, asphyxiating most of the victims. The lawsuit which followed in the United States District Court for the Southern District of New York included our client, the original construction contractor, among many others. The claims against all defendants ultimately resulted in a $49.5 million settlement with only a small contribution on behalf of our client.

Sixth Avenue Telephone Exchange

In 1980 a fire erupted in the large telephone exchange building on Wall Street. The fire burned largely out of control; approximately 17,000 pounds of wire insulation were consumed. The plume of acrid smoke was visible as far away as Boston. Over 200,000 phones in the greater Wall Street area were disconnected, some for many days. The potential damage claims were enormous.

More than 750 firefighters fought the blaze with little success. Many were overcome by acrid smoke and hospitalized. They filed suit to recover for personal injuries and to set a new legal standard for potential firefighter claims across the country.

We appeared at the first trial in Brooklyn for AT&T, Bell Labs and Nextel as special trial counsel in the lead case. It was satisfactorily resolved six weeks later and, as a result, no additional lawsuits followed.

Younkers Department Store

In November 1978 an explosion and fire occurred in the Younkers Department Store in Des Moines Iowa, resulting in the death of ten trapped employees. The cause of the explosion and fire could not be determined with certainty and, as a result, extensive litigation ensued. The case lasted for years and culminated in a 13-week "causation" trial. Post trial motion practice attacking the viability of the adverse jury verdict resulted in very reasonable resolution of the claims.

Natural Gas Compressor Station Litigation

On January 12, 1974 an explosion and fire occurred at the Louisville Gas & Electric natural gas compressor station in Muldraugh, Kentucky resulting in two deaths and substantial damage to the equipment and systems that controlled and distributed natural gas from a 3,500,000 cubic feet storage field. The resulting litigation focused primarily on a manufacturer who was in the process of installing a new compressor system. Following a trial in U.S. District Court, the jury returned a verdict in favor of our client, awarding all damages claimed.

Grant Building Fire

On November 5, 1973, fire was reported in the Grant building in the heart of downtown Indianapolis. The fire spread to 15 buildings including a five story building occupied by the Federal Reserve, a 15 story office building housing numerous law firms and jewelry stores, and a high rise apartment. More than 80 businesses were impacted by the fire. The ensuing litigation included a state court trial denying class action certification and a bell weather trial in the U.S. District Court in Indianapolis, which resulted in defense verdicts. Indiana National Bank, which owned the Grant building, was the principal solvent defendant. Indiana National Bank was represented by Locke Reynolds Boyd & Weisell, which has merged with Frost Brown Todd.

Hexane Gas Sewer Explosion

At 4:31 a.m. on a peaceful winter night, a series of violent explosions rumbled through two miles of sewers beneath the streets of Louisville, Kentucky, leaving holes resembling World War II bomb craters. Buildings were shattered and millions of dollars in property damage resulted. The resulting class action litigation was centered in U.S. District Court. Our client, the Metropolitan Sewer District, was both a plaintiff (to recover tens of millions for damages to the Louisville sewer system) and a defendant. On the eve of trial, MSD received payment in full from a local hexane processor and was dismissed, as a defendant.

Oklahoma City Bombing

On April 19, 1995, Timothy McVeigh placed a 4,000-pound ammonium nitrate fertilizer bomb inside a rental truck and parked it in front of the Federal Building in Oklahoma City. When the bomb detonated, 168 individuals were killed in what was then the worst terrorist act in U.S. history. The carnage was horrific, support groups offered assistance, and the devastated city began its recovery. Years later, a memorial has been dedicated, but the scars remain.

Within three weeks of the explosion, Johnnie Cochran filed a class action lawsuit seeking incalculable damages from the company that allegedly made the fertilizer. Breaking new ground, we developed a successful defense strategy for this multinational client. Within two years, the case was dismissed and the dismissal was affirmed on appeal in the Tenth Circuit. See Lena R. Gaines-Tabb v. ICI Explosives, USA, Inc., 160 F. 3d 613 (10th Cir. 1998).

Everage et al. v. Equitable Resource et al

This matter arose out of explosion and fire which occurred at a residential water well pump house located in Knott County, KY. The plaintiffs alleged that the explosion was caused as a result of the drilling procedures and ongoing maintenance of a natural gas well. The case was filed in Knott Circuit Court, but was removed to Federal Court in Pikeville.

MGM Grand Hotel Fire

This hotel fire resulted in 84 deaths and numerous personal injuries. Following in the footsteps of the Beverly Hills Fire Litigation, well-known plaintiffs’ counsel, including Stanley Chesley, and Wendell Gauthier, sued more than 50 defendants with diverse product liability and other claims. Frost Brown Todd successfully defended B.F. Goodrich, Conoco, and Pantsaote, Inc., against claims that the off-gasses of PVC vinyl-coated materials were toxic and unreasonably dangerous.