Fire trials might be years away

The families of eight of the nine Charleston firefighters killed in the Sofa Super Store blaze may have to wait years to see their lawsuits against the store's owner, several furniture manufacturers and other companies reach trial.

Circuit Judge Markley Dennis on Thursday set a preliminary trial date of Dec. 1, 2009. It has not been decided if all of the nearly identical lawsuits would be tried together.

But with more than a dozen additional defendants expected to be added to the cases soon, and at least two recently agreeing to settlements, that trial date is not guaranteed, said Kevin Dean of Motley Rice, lead attorney for the plaintiffs.

"We are going full-blast ahead to find out what happened and why they died," Dean said.

"I think the case is headed to trial with a number of defendants."

Recent investigations of the fire prompted the inclusion of about a dozen new defendants, which would bring the total to about 30 once the legal complaints are amended, Dean said.

The lawsuits target the West Ashley store's owner, Herb Goldstein, the manufacturers of the furniture in the store, a building contractor and the companies that built the fire doors that investigators later determined had malfunctioned.

Some families of the fallen firefighters are divided over whether to pursue legal action.

A recent round of mediation led to confidential financial settlements with two furniture manufacturers named in the lawsuits, Dean said.

Charleston attorney Thomas Wills, who presided over mediation in July, filed an update with the court this week, noting that several of the furniture defendants continue to discuss possible settlements with firefighters' families.

"Although all parties made substantial efforts, little headway was made with the builder, door manufacturer or the owner," Wills said.

Sofa Super Store attorney Richard Rosen said the judge merely laid out a schedule to help move the case toward a conclusion, and that the trial date is more of goal.

Rosen declined to comment on whether he thinks more defendants will settle or if the cases will even reach trial.