City won't be defendant in fire suit

A judge ruled Tuesday that the city of Charleston will not be added as a defendant in a civil lawsuit filed by the families of firefighters who died in the 2007 Sofa Super Store fire, according to an attorney for the city.

Defendants including a furniture manufacturer and the Sofa Super Store had sought to add the city to the case, arguing that the city bears great responsibility for the deaths of the nine firefighters.

The city is immune from paying damages in such a case, but adding the city as a defendant and allowing a jury to potentially assign the city some blame for the deaths could reduce any award the remaining defendants might have to pay. Families of the firefighters opposed adding the city to the case for that reason.

Circuit Judge Markley Dennis heard arguments on the issue Aug. 3.

"It's very clear the city is largely responsible," Richard Rosen, attorney for the Sofa Super Store, told Dennis at the hearing. "It's very clear they should be part of the lawsuit."

The legal issues surrounding the question of adding the city as a defendant included the intent of current tort reform law, competing interpretations of case law and a disagreement about whether the statute of limitations already had passed.

"The city has paid full benefits to the families of the firefighters under workers' compensation laws," city attorney Sandra Senn said. "Sofa Super Store's motion was less about having the city pay more, but rather it was an attempt to lessen any money damages the Sofa Super Store owner may have to pay to the families of the fallen firefighters."

She described the ruling as a victory for the firefighters' families.

Rosen noted that Dennis has yet to put the ruling in writing, and that the judge has not ruled out revisiting the issue as the case progresses. Rosen said the defendants firmly believe the city should be added to the case.

"This isn't over," he said. "This issue won't be over until the case is over."