Families reach partial settlement
Relatives of 8 of the nine firefighters who died to split more than $5.6M; 18 defendants remain
By Ron Menchaca , Glenn Smith
The families of eight of the nine Charleston firefighters who died battling last year's Sofa Super Store blaze have reached a multimillion-dollar partial settlement with several companies they claimed were negligent in the deaths of their loved ones.
Fourteen companies have agreed to a settlement, trimming the number of defendants in the case from 32 to 18, attorneys said. Court paperwork was available Monday for only 12 of the companies that settled. Those companies have agreed to pay the families a total of $5.6 million, court documents show.
The companies that settled include several furniture manufacturers whose products were sold at the store at the time of the June 18, 2007, fire. The suits alleged that the furniture manufacturers failed to warn people selling and using the furniture that the products contain polyurethane foam, a flammable material that can increase the potential danger in the event of a fire.
Also agreeing to settle were a building contractor and the companies that built and installed fire doors that investigators later determined had malfunctioned.
In our special section with photos, videos, interactives, donation information and every story written about the tragedy.
More than a dozen defendants remain in the case, including the Sofa Super Store itself. Attorney Richard Rosen, who represents the store, could not be reached for comment on Monday.
The settlement money will go to the families of Assistant Engineer Michael French; Capts. Mike Benke, William "Billy" Hutchinson and Louis Mulkey; Engineer Brad Baity; and firefighters Melvin Champaign, James "Earl" Drayton and Brandon Thompson. Engineer Mark Kelsey also died in the blaze, but no lawsuits have been filed on his behalf.
Lauren Mulkey, whose husband died in the blaze, said she would have preferred the partial settlement remain private. Publicizing the proceedings just adds "another dimension to the grieving" of the families, she said.
"But it's good to see some of the defendants are stepping up to take responsibility in some way, shape or form," she said.
The parties reached the settlement Friday, but legal petitions outlining specifics of agreements with the various companies involved was not available at the Charleston County courthouse until Monday.
A report released in May by a city-appointed consulting panel found the actions of the Charleston Fire Department and the store contributed to the deaths. The report described the store as a death trap, citing its dense layout of furniture, padlocked doors and poorly maintained or marked exits.
The suits don't name the city or its Fire Department as defendants, although Mayor Joe Riley and former Fire Chief Rusty Thomas were subpoenaed in October 2007 as part of the Champaign lawsuit, the first to be filed.
Attorney Larry Richter, who represents some of the families, said he, the families and other attorneys working on the case agreed not to publicly disclose details of the settlement for fear it would interfere with cases against the remaining defendants.
"This is a private matter between aggrieved families and a number of defendants," Richter said. "I don't think (the settlement) ought to be public for that reason."
Motley Rice attorney Kevin Dean, who also represents some of the families, declined to comment on details of the settlement. "This was a long-awaited first phase settlement with some of the defendants ... but out of respect for the families, their privacy and protection of the ongoing legal process, I cannot comment more on the resolution," he said.
The city purchased the Savannah Highways sofa store property for $1.85 million in the wake of the fire. The store and its warehouse were razed earlier this year, and the 2.5-acre site now sits empty as a city commission considers proposals to build a memorial to the fallen firefighters.
Reach Ron Menchaca at rmenchaca@postandcourier.com or 937-5724. Reach Glenn Smith at gsmith@postandcourier.com or 937-5556.
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lemonhead (anonymous) says...
was wondering why she wanted it left private about how much they gonna get,could it be that now they cant complain and and ask for more money?
December 9, 2008 at 4:40 a.m. ( permalink | suggest removal )
wucherer (anonymous) says...
Charleston will get a memorial for everyone to relive that horrible event. Mayor Riley and city officials will receive recognition placing a value on human lives and everyone will be stuck with another waste of tax payer money that was hidden behind city hall doors. The law to prevent misrepresentation of the tax payers of charleston was strangely forgotten? No, the amount of greed that blinded the city officials....oversight, bah humbug. Charleston you get what voted for into office and wasteful spending of tax payer money will continue while the country suffers a recession. If the city officials properly equipped and trained their firefighters we wouldn't need any memorial, the families would have their love ones and we wouldn't have to suffer the event every year. Tragic for the event to happen but it could have been prevented from the very start. The report showed improper management of the event and it's tragic resolve.
December 9, 2008 at 5:11 a.m. ( permalink | suggest removal )
moonpie (anonymous) says...
And the people really responsible go un-touched... City of Chas and their fire fighting & training policies, even the Mayor and past leader of the dept should have to bear some responsibilty.
It's a shame that this started out with 36 people trying to get money.
December 9, 2008 at 6:26 a.m. ( permalink | suggest removal )
grayhead (anonymous) says...
Call it what it is: blackmail. The products sold there are legal, approved by government consumer oversight agencies,and the firefighters were doing what they loved. The greedy lawyers, and greedy families know the insurance companies will pay a settlement that is less than the cost to defend.I hope the remaining defendants will say "millions for defense, not a dime for tribute!" It's a shame the legacy of these men is being overshadowed by the law2yers and "grieving" families.
December 9, 2008 at 6:39 a.m. ( permalink | suggest removal )
islandbenzbc (anonymous) says...
grayhead: Your post is very much to the point...well said!
December 9, 2008 at 6:44 a.m. ( permalink | suggest removal )
ColdBud (anonymous) says...
This is getting stupid. Actually, it's been stupid for a long time. Yes, 9 men died, 9 families were torn apart by Riley, Thomas and the SSS owner, A price cannot be placed on that loss. Suing the furniture manufacturers though, is just wrong, especially when you can walk in to any of the homes of the people suing and find that they have purchased, and are using, the same products they sued over.
This isn't about holding people responsible, it's about greed. Greed on the part of the families and on the part of the lawyers representing the families. It's just shameful behavior. Obviously, the families have moved on past their grief at the loss and they are now looking at their wallets:
December 9, 2008 at 6:53 a.m. ( permalink | suggest removal )
theronce (anonymous) says...
Well said, ColdBud.
December 9, 2008 at 7:12 a.m. ( permalink | suggest removal )
SomeTruthPlease (anonymous) says...
Very, very well said, ColdBud...I stated before that anyone that holds the furniture manufacturer's liable for the deaths of these men should not sleep on mattresses, sit on sofas that are stuffed with foam, and have lawn chairs installed in their vehicles, otherwise, they quite frankly are hypocrites. Nothing can soothe a wounded heart like millions of dollars. And the memorial? It will still come out of the pockets of the taxpayers.
December 9, 2008 at 7:32 a.m. ( permalink | suggest removal )
chas_girl (anonymous) says...
It makes me sick to my stomach to see how much these families are pushing the issue for monetary gain. Especially the wife of the young captain who was the basketball coach. She's just raking in the cash from all of us who donated after the fire, from these companies, and apparently from the movie they're making about him. It sends such a strong message that our community's outpouring of sympathy and money meant nothing to them.
December 9, 2008 at 7:33 a.m. ( permalink | suggest removal )
Larz13 (anonymous) says...
Why not ask what the attorneys' take was in the settlement?
December 9, 2008 at 7:37 a.m. ( permalink | suggest removal )
SomeTruthPlease (anonymous) says...
Now I'm fuming...I just thought about this...if the tags had said that the furniture was flammable, would the firemen not have gone in? If I have furniture in my home that is filled with that same foam, will I not receive help from the fire department if my home goes up in flames????? I'm not sure I understand why the furniture manufacturers were named as defendants. I am disgusted. All of you families that are now reaping the benefits of the loss of your loved ones: Throw away anything that is upholstered. Anything stuffed. And I mean anything. I look forward to seeing all of your furniture that fits the criteria on the side of the road for the next trash pickup, as you obviously feel very strongly about the issue.
December 9, 2008 at 7:38 a.m. ( permalink | suggest removal )
oldglory (anonymous) says...
Where did you guys get your law degrees?
And the attorneys' fees, at least in most other states, are one-third (1/3) of the settlement. But this is South Carolina.
December 9, 2008 at 8:05 a.m. ( permalink | suggest removal )
BigSargeofSC (anonymous) says...
Nothing says "I'll never forget you, Honey!" like money.
December 9, 2008 at 8:17 a.m. ( permalink | suggest removal )
ColdBud (anonymous) says...
oldglory, I agree that attorney fees are normally 1/3 of the settlement... in personal injury cases. The medical bills are normally tripled and the bills get paid, the ambulance chaser (I mean attorney) gets 1/3 and the "victim" gets 1/3. I'm not sure that's the case with this type of law suit though.
December 9, 2008 at 8:49 a.m. ( permalink | suggest removal )
SomeTruthPlease (anonymous) says...
And OldGlory, I'm a girl.
December 9, 2008 at 8:59 a.m. ( permalink | suggest removal )
sethook (anonymous) says...
It's never over until the cash register rings.....
December 9, 2008 at 9:21 a.m. ( permalink | suggest removal )
FamilyThatKnowsTheTruth (anonymous) says...
Do not forget about those attorney expenses, either. Just wanted everyone to know that I have not sought a dime from anyone. My mother and I have always been concerned about the welfare of my brothers children. Some things we have no control over and time will tell the real story of what has been going on behind the scenes. Very few people involved are not in "their control."
The "money" has always been the controlling factor of all of these families. How many of them have come out and asked that those responsible for these nine mens deaths be held "accountable" to date? Just one!!! Follow the money and it will always lead you to those assisting in the cover-up. The families are being used by money to cover-up the real issues here. Hopefully, once they all collect, they will be willing to move forward but we will not wait on them.
The money will be long gone before they all know it. Our family, my mother and I, have a much longer lasting and satisfying goal, when we see Billy again, we are planning on handing him the "Papers of Justice," which last forever for us and the people wronged by those in charge that will be held accountable for these men's deaths and the many wrongs that they both have inflicted on this city and the fire department for many years. Money and public perception will not buy some people's freedom, no amount of money. I would be willing to bet my life on that. Just more of my thoughts!!! Randy Hutchinson
December 9, 2008 at 9:31 a.m. ( permalink | suggest removal )
UrGatorbait (anonymous) says...
Well said ColdBud. I can't fathom why the manufacturers of furniture are being held accountable for the fire. Are they ethically, legally, or morally obligated to make sure the company selling their furniture meets all fire codes(if there were any)? Another reason to despise lawyers and the greedy folks that seek them out.
They never seek a dime from anyone only being concerned for the children? You are seeking a dime from some one to support someone else. Did they not have life insurance prior to the tragedy? or wasn't it enough? How much money is enough? How many times do those firefighters memories have to be dragged back up for the sake of a dollar? What a sad story of our society.
December 9, 2008 at 10:56 a.m. ( permalink | suggest removal )
firefightersforthetruth (anonymous) says...
It seems more and more people have started to see that Joe, Rusty, Larry and Goldstien need to be held accountable! No amount of money or memorials will cover up the truth! Randy Hutchinson and his mother understand as do Mike and ANN Mulkey! There are a few other family members who understand the truth about these 9 men deaths. Some of the so called wives, of which there are two, are so greedy that their own agenda has blinded their souls. If the public only knew the grief that this situation continues to bring! Oh! What a story!
It is about time for justice to come forward and expose Joe and his Good Old boys for what they are! KILLERS AND CROOKS!
All these million going to the family, let them pay for the memorial not our tax payers money!
December 9, 2008 at 10:57 a.m. ( permalink | suggest removal )
hwilson48 (anonymous) says...
I'm glad to see that I wasn't the only one angered by this story.
Firefightersfortruth: you answered a question I had. I thought maybe this was part of the reason some of the families and wives aren't speaking since the funerals...
What kind of precedent is being set by this lawsuit? If a fire breaks out in an office building, do we sue the paper companies for producing paper that is flammable? Firefighters know the risks they take each and every day. The blame lies on those in charge that the firefighters rely on to make the best decisions to protect the lives of those they lead. This lawsuit just lets the attention be taken off those that are truly responsible for the deaths of those brave men.
December 9, 2008 at 11:10 a.m. ( permalink | suggest removal )
outrage (anonymous) says...
It has become a libel society. Now you know why your insurance premiums ar so high; frivolous lawsuits.
I wonder if the family of the firefighter who supported 15 people on his pay, are getting any of this money? Which guy's family was fighting over the money?
RIP to the brave firefighters, I hope they can not see how people are trampling their memories!
December 9, 2008 at 12:05 p.m. ( permalink | suggest removal )
jammanofdi (anonymous) says...
This story is interesting - several years ago I was paid to participate in a mock trial for an insurance company. A family (it was a grandmother, her early 20-something daughter and several of the daughters kids) had died in a house fire in upstate SC. At the time of the fire, which was around 5 pm) the grandmother was asleep, the daughter was "taking a bath" and the kids (all 3 of whom were under 5 years old) were playing unattended with a lighter on a couch. The kids ended up setting fire to the couch, which burned the entire house down and killed them all. The couch was illegal to sell in the state of California (because of the same materials used in the SSS fire), but perfectly legal in SC. The family of the "victims" was suing the furniture manufacturer because they said that they were selling furniture that was known to be flammable - although it was only illegal to sell in one state - California. Our jobs were to determine if the furniture manufacturer was at fault, and if so, what dollar amount should be paid out to the "victims". I suppose the furniture makers insurance company had organized this to determine whether or not to settle or take the case to court. Because some idiot guardians thought that it was okay to leave these kids with the lighter, I put the blame with the family and thought that the furniture company had nothing to do with it. Ultimately though, we all voted and roughly 75% of the people that participated thought that the company was negligent and that the company should pay over $1 million - per "victim" (I'll keep my mouth shut as to why this group sided with the "victims".) I have no idea what ultimately became of the case, but the similarities are striking - a couple of greedy family members looking for money and going after the biggest pot of cash that they could find...
December 9, 2008 at 12:23 p.m. ( permalink | suggest removal )
kiteboarder (anonymous) says...
Mayor Riley is soley responsible for the tragedy that occured. Then Chief Greenberg got all the tax money he wanted to build an empire at Charleston City PD in part at the expense of the fire department. Chief Thomas sat quietly by as tax dollars floated to PD and in part, resulted in outdated equipment, training and no long term planning. It all contributed to that terrible tragedy. It was all a matter of time before Riley's house of cards collapsed. Mayor Riley's bought and paid for report is so biased unlike the report done by professional fire investigators -ATF with the help of SLED arson investigators. Change comes slowly to Charleston because of Riley's grip on its citizens.
December 9, 2008 at 12:26 p.m. ( permalink | suggest removal )
msplacedinsc (anonymous) says...
I want my $50.00 back that I gave out of saddness and sorrow to these families! Low life scum they are and the lawyers also.
December 9, 2008 at 3:30 p.m. ( permalink | suggest removal )
truelove4chas9 (anonymous) says...
First, don't criticize the families for funds being started without their knowledge. For those of you complaining, no one forced you to give in the first place.
Two, have any of you ever heard of attorneys fees AND costs? These are two separate amounts which I can bet account for at LEAST half of that settlement. I have spoken with firemen and these families and I can guarantee that the family's don't care about the actual dollar amount as much as some guilty (yes, I know there are plenty others) parties accepting responsibility for the role they played in these men's 9 deaths.
Third, if I am not mistaken, the widow you speak of "raking in the cash" is one of only two who have started any kind of fund to give back on her own? I saw on the news she gave out the first (and one of the largest at Summerville) Coach Mulkey Scholarship. I think Captain Mulkey would be quite proud of the manner in which she has conducted herself ... finishing school and continuing to work....if she was raking it all in why would she do that? Unless she's just a good person who feels the need to give back. Either way, she hardly seems like the greedy person you describe.
And as for working, I'm pretty sure that all the other widows and family members that were working prior to this continue to do so.
Finally, I feel confident that no one on here was a part of the 9 guys marriages and intimate lives. As such, how can you claim to know their marital status and woes? If you are married then you should know that marriages have their ups and downs and if you don't believe that, you should probably see what your spouse is up to....
In conclusion, those of you who are so quick to throw stones and make general assumptions obviously are too busy doing so to see the good things these families are doing with the graces they have been given. They do this amidst all the negativity posted on here and going around among naysayers. Regardless of your feelings on Riley, Thomas, etc., how about acknowledge the sacrifice these men made, support their families, and dig just a little deeper and find out whats really going on. The good things may surprise you :)
December 9, 2008 at 7:11 p.m. ( permalink | suggest removal )
wonderdog (anonymous) says...
The furniture manufacturers were sued as part of the shotgun approach to litigation - sue everyone you can and see how many pay up, either out of court or as the result of a jury verdict. In this case, emotions continue to run high, which could result in a large jury verdict, and the furniture manufacturers don't want to be seen as the big bad uncaring corporations whose products may have contributed even minimally to the size of the fire. Of course, the furniture manufacturers have high amounts of liability coverage.
It's a shame that there were no mega-funds with comparable support for the EMT and the CofC officer murdered a few years ago, the constable, and the two officers in Moncks Corner who were murdered. All their loved ones were and are equally deserving, as they were killed in the line of duty also.
December 9, 2008 at 8:14 p.m. ( permalink | suggest removal )
bootlicked (anonymous) says...
I know one thing that Louis wouldn't be proud of and this is the way his real family is being treated whenever they try to pay their respects to their wonderful son. This wipes away all of the goodness for me and many others that know the real deal. Grow up Lauren you would regain my respect. This is pure greed noone cares about the money it is how you respect others.
December 9, 2008 at 8:31 p.m. ( permalink | suggest removal )
SCPDBLUE (anonymous) says...
Boy just to think Mrs.D'Amato ONLY wants workmens comp and the Federal Police death benefit for her,her sister and brother that the law says they are entitled too.Her father left them as the beneficiary. His name was SC State Constable Robert Bailey Who was gunned down in Lincolnville and buried 50 miles away for 5 days in May 2007.Her nor her family wants millions like some posters stated in the past she wanted and called her names.She wants ONLY whats do the FAMILY members,from the state and federal goverment, Thats all no more,no less... The above are greedy and want ruin the good names of the fallen 9 , may those firefighters rest in peace.
December 9, 2008 at 8:41 p.m. ( permalink | suggest removal )
FamilyThatKnowsTheTruth (anonymous) says...
truelove4chas9, you have some good partial(Not Mistaken) information but you, yourself, might want to dig a little deeper on some of the issues that you commented on. I am sure you are concerned for the families. Let's face it, there were only widow's created from this killing incident and I understand your comments.
I, as a family member of one of the nine appreciate
everyone's interest and comments, but don't try to paint something rosey when it is surrounded by a cow patty. You are 100% wrong on what someone may have thought.
Everyone has an agenda and their opinions, we all do. You might want to look deeper as to why one does what one does. What looks good or honorable on the surface usually looks different underneath. I always like to check under the hood or crawl under the house before buying a car or a house. Do not be fooled by publically perceived good deeds. Prime example-The greatest fire chief in America, one should first consider the source. Please, give some serious thought before defending someone when many others know the truth, the whole truth. Randy Hutchinson
December 9, 2008 at 10:28 p.m. ( permalink | suggest removal )
IPFreely (anonymous) says...
This makes me sick and glad I never donated to the fund. I work in public service and do feel bad for the firefighters and their families for their loss. Face it these guys will never see their kids grow up and that sucks. Now the greed that is going on turns my stomache. Why do you needs millions of dollars? Thats more than your loved ones would have earned their entire careers. WTF thats just pure greed. Suing the furniture manufacturers, please thats just plain greed. They know that there is furniture inside of a furniture store and what is inside of furniture. I remember learing about this years ago in firefighter training. They knew about it and should never have been in there. If I ever died in the line of duty and my family became greedy I would be pissed. Well next years memorial service will be held in Kiawah Island at the new beachfront homes of the Charleston 9 families.
December 10, 2008 at 2:03 p.m. ( permalink | suggest removal )
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