Friday, June 5, 1998
The Associated Press
The families of victims and survivors of a fire at a southern Ohio fireworks store have reached a tentative out-of-court settlement with fireworks makers.
The defendants would pay an undisclosed amount to settle a lawsuit that arose from the July 3, 1996, fire in Scottown in Lawrence County. The fire killed nine people and injured 11.
The settlement also nullified claims against David Pruitt, operator of the Ohio River Fireworks store, and absolved Todd Hall, 26, a brain-injured Proctorville man who was charged with starting the fire but was found incompetent to stand trial.
Arthur Rabourn, a Cincinnati lawyer representing the plaintiffs, wouldn't say which defendants were paying the settlement and how much it was, because the agreement may have confidentiality provisions. The settlement would cancel a trial scheduled for July 7 in Lawrence County Common Pleas Court and a September trial set in U.S. District Court.
"We collected what we thought was appropriate in the circumstances and hope to begin distribution within 90 days," Mr. Rabourn told the Herald-Dispatch of Huntington, W.Va. "The trial would have brought back terrible memories and we achieved everything we could have with a trial."
U.S. District Judge Herman Weber signed a conditional dismissal on May 28 that lets parties reopen the suit within 90 days if the settlement falls through.
There has been one settlement in the case. Three fireworks suppliers agreed April 14 to pay $1.3 million to settle claims against them in state and federal courts.
William Weimer, attorney for one of the fireworks suppliers, B.J. Alan Co. of Youngstown, said his client admitted no wrongdoing by settling. He wouldn't give the amount of the settlement or say whether the company was paying.
"This was a very painful and unfortunate set of circumstances and we're truly sorry for all of that. We're regretful that it happened," Mr. Weimer said.
Plaintiffs had sued fireworks industry members, Mr. Pruitt and the Ohio Pyrotechnics Association, a fireworks trade group.
