2 more firefighter families file suitsNegligence charged against sofa store, furniture makers, others By Ron Menchaca (Contact)
The Post and Courier
Wednesday, May 14, 2008
Two more families of firefighters killed in the Sofa Super Store blaze have filed lawsuits against the store's owner, several furniture manufacturers and other companies, alleging the businesses were negligent in the deaths of their loved ones. 
The Post and Courier Louis Mulkey The suits were filed Tuesday on behalf of Lauren B. Mulkey, widow of Capt. Louis Mulkey, and Raymond C. Cofield Jr., father-in-law of Capt. Mike Benke. Both families declined to comment through their attorney, Larry Richter of Mount Pleasant. "Nine brave men have fallen," Richter said. "Others have suffered and continue to suffer a truly irreplaceable loss." The families of three other firefighters who perished June 18 — Capt. Billy Hutchinson and firefighters Melvin Champaign and Brad Baity — already have filed similar wrongful-death suits. The latest legal actions come just ahead of a highly anticipated consultants' report on the events and circumstances that led to the nine deaths. A city-appointed panel is expected to release its report Thursday. Firefighter CoverageIn our special section with photos, videos, interactives, donation information and every story written about the tragedy.Richter said the timing of the lawsuits so close to the report was a coincidence. "We are not running toward or from any reports." None of the suits filed to date name the city of Charleston or its Fire Department as defendants, although Mayor Joe Riley and Fire Chief Rusty Thomas were subpoenaed in October as part of the Champaign lawsuit, the first to be filed. 
The Post and Courier Mike Benke The suits target the site's owners, 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. The new suits differ only slightly in that they allege 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. Sofa store attorney Richard Rosen could not be reached for comment Tuesday. In response to the previous suits, Rosen said the store's owners have worked since the fire to ensure that a similar tragedy never occurs and have cooperated at every step of the investigations. The U.S. Consumer Product Safety Commission is considering tougher standards for manufacturers of residential upholstered furniture. The commission estimates that in fires between 2002 and 2004, in which upholstered furniture was the first item to ignite, 540 lives were lost and $250 million in property losses were sustained each year. Reach Ron Menchaca at rmenchaca@postandcourier.com or 937-5724. Reach Glenn Smith at gsmith@postandcourier.com or 937-5556. |
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Comments
This article has 24 comment(s)
Posted by bravecharleston9myspace on May 14, 2008 at 2:05 a.m. (Suggest removal)
ALRIGHT NOW...... THEY TOTALLY DESERVE TO SUE !!! THEY ARE NOT GREEDY....EVERYONE HAS READ THE REPORTS....JUSTICE IS BEGINNING TO SHOW IT'S FACE.....LET IT ROLL AND DON'T BASH THE FAMILIES....
ALRIGHT???
THE OWNER WAS IN THE WRONG ALSO....DON'T THINK THE CITY AND OTHERS WILL BE IN THE CLEAR EITHER....I AM SURE.
I JUST DON'T WANT TO SEE ANYMORE ATTACKS ON THE FAMILIES ABOUT THIS....
THEY ARE NOT GREEDY.......THEIR DEAD MEN DESERVE JUSTICE.
Posted by curiousgeorge on May 14, 2008 at 7:19 a.m. (Suggest removal)
I believe that the city can't be sued - and they have 'limited liability' - does anyone know anything about this? Surely they are the obvious 'defendents.'
Posted by lexylady on May 14, 2008 at 8:53 a.m. (Suggest removal)
I think they should also sue the daylights out of KING RILEY personally because he knew all along that the CFD was below standards in safety and leadership and it was up to him to change it. I never believed that Rusty Thomas was at fault in this horrible tragedy, but I have since changed my mind after hearing these reports. I understand KING RILEY is still standing by his man? Something has got to be done about this. If it were up to me, I would fire the whole crooked lot of them.. What a damn disgrace. To the families of the fallen nine; GO FOR IT!!
Posted by Hey_U_Guys on May 14, 2008 at 8:57 a.m. (Suggest removal)
I cannot believe these families are sueing the SSS. Why did they wait almost a year to file these suits? What do they expect to gain if they actually do win? Monetary compensation? I'm sorry but I just cannot see sueing SSS for the deaths of firefighters doing their job. It's sad that they lost their lives, but it's a risk of the profession. If nothing else the city needs to be held accountable, but we know that will never happen. The "bubba club" has way too many members.
Posted by Marianne0558 on May 14, 2008 at 9:37 a.m. (Suggest removal)
You know, I passes a SSS truck earlier this morning.
Wouldn't you think they would put some kind of memorial sticker or something on their trucks to show their gratitude for the men who DIED trying to save their business and employees???
Posted by tammirenae on May 14, 2008 at 9:54 a.m. (Suggest removal)
i dont usually voice much of an opinion but i must.
those deaths were a tragedy i knew 2 of the firefighters who died... i work in numerous bars as a dj and we all did poker runs, benefits etc...
the community raised over 2 million dollars for the families...and the firefighters had insurance. how dare they sue... that is absolutely greedy. wil that money replace the lives? no. will it bering them back? no
will it take the hurt away? no. did they receive enough money to survive and live comfortably if managed properly? YES
it was a tragic day, but we dont raise all that money every time ONE fireman dies. is one life not as important?
heck, the tornado on march 15 destroyed 17 families homes in strawberry and our community couldnt even raise $1000 to help anyone. and fema nor the government did a thing. did those peoples home not matter because they were poor? if it had been a policeman or firefighters home would our community have raise much more? where are our priorities?
people need to stop sueing out of greed.
Posted by bigwhip on May 14, 2008 at 10:16 a.m. (Suggest removal)
When the reports are finally comprehended by the powers that be, the SSS will be at no fault.....no inspections of the building, no mandates to improve safety, too many equipment issues, & too many mistakes by the on site team. Can someone discuss the inspections and if any warnings or changes were mandated?
Posted by Cowboy on May 14, 2008 at 10:18 a.m. (Suggest removal)
Having personally bought my daughters furniture for collage from this very store- I complained in the buying process - It was to crowded and overflowing for even customers to make purchases.. You cloud not see the furniture- No rows with isles.. It looked just thrown in together.. I said then -This has got to be a fire hazard.. This was in late 2005 or so..
I WOULD TELL IT IN COURT- IT WAS A FIRE HAZARD.
Has anyone else thought or experienced the same while shopping there??
Interesting isn't it??
To the Colfield family- We have known each-other since 1976 .. I will contact you personally about this angle..
Posted by rocketscientist on May 14, 2008 at 10:23 a.m. (Suggest removal)
tammirenae--
i couldn't agree more!!
Posted by RTC on May 14, 2008 at 12:05 p.m. (Suggest removal)
RUSTY THOMAS IS RETIRING!!!
IT'S ON THE NEWS RIGHT NOW!!
Posted by Charles_Town on May 14, 2008 at 12:10 p.m. (Suggest removal)
I think any suit for money against the SSS should be thrown out at this point. Firefighters have insurance to cover them. Now I can see lawsuits against the negligent and criminal actions of the people in command at the fire department. But I also have a hard time with so many being in the building at the same time. If you had 1 person trapped and 5 were already in the rapidly burning building, and someone told you to go would you. There comes a time where common sense says there is enough risk already.
The SSS should be the one suing the manufacturers if they were not provided all the information regarding the products used in the furniture if they felt they were done wrong, of course the flipside to that it they should research and no as much as they can about potential products before they decide to sell them.
Posted by 3olivesmike on May 14, 2008 at 12:33 p.m. (Suggest removal)
Now I'm just a dumb yankee so maybe I'm not getting this. You good old boys think the firefighters families are greedy and they should be satisfied with the insurance and the firefighters knew it was dangerous so they assumed the risk and that's that? Wow!! I don't know why any cop or firefighter would want to put his or her life on the line to protect y'all.
Posted by coolfreaknbeans on May 14, 2008 at 12:43 p.m. (Suggest removal)
These families are not being greedy by suing.People need to realize that the only way change is truly done is to hit em in the pocketbook so to speak.Big companies could give a crap less.Unless it hits their bottom line!Then things are addressed.I am unsure about this state but some states wont allow you to sue your employer.(you have to try to sue the company who made faulty equipment,etc)It falls under a workmens comp law,designed to protect the company.You can only apply to get a bigger workmens comp check.(which amounts to peanuts!)This law is meant to protect companies from going bankrupt.It's ridiculous in the case of death.I understand it to the extent of not allowing employees to sue a company blind for minor boo boos.I wish these families the best and I hope they win BIG!
Posted by Carolina_Politics on May 14, 2008 at 12:55 p.m. (Suggest removal)
These lawsuits are absurd and they will set a bad precedent if they are successful in the end. I would like to say that these will be dismissed because they have no logical or valid claim against the defendants, but there have been some pretty ridiculous lawsuits that have gotten through our court systems.
The men that died in this tragedy were all firefighters, a job that carries a higher risk of death than most professions. Nobody becomes a fireman not knowing the danger involved. Accidents happen, fires get out of control and sometimes these men die. It's a sad drawback that goes along with the job.
Can every family of a fallen firefighter start suing everyone in site now? How about the family of a police officer gunned down in the line of duty? Will they too be able to make millions off of their family member's death?
Lawsuit abuse is out of control in this country and it needs to be stopped
http://www.carolinapoliticsonline.com
Posted by coolfreaknbeans on May 14, 2008 at 1:08 p.m. (Suggest removal)
I have not read all of the reports or facts.It would seem that in this case there was some gross negligence.It doesn't appear to be a "freak" accident related to a normal scene.I agree lawsuits have got out of hand.Like why the heck was my coffee served hot,it burnt me.Or my personal new favorite the over 400lb (convicted murderer)suing the prison system because his 3000 calorie a day diet has emaciated him to the tune of now only weighing 308lbs.Now lawsuits like that are freaking absurd and clogging up the system costing taxpayers money.
Posted by JohnS on May 14, 2008 at 1:19 p.m. (Suggest removal)
If my store catches on fire do I need to sign a complete inventory list before the fire dept goes in?
The familes agreed to take the workman's comp settlement so this takes the city out of the loop for future cause of actions. Now greed is taking over and as if the huge donations were not enough. The familes got more in a lump sum than these men would have earned in 20 years on the job.
Posted by coolfreaknbeans on May 14, 2008 at 1:36 p.m. (Suggest removal)
Early- CFB would be MUCH better than fart,thank you very much LOL :)
Posted by BigSargeofSC on May 14, 2008 at 4:01 p.m. (Suggest removal)
"The new suits differ only slightly in that they allege 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."
How smart do you have to be to realize that if you are going into a building that has furniture in it, and there is a fire inside, that there is a chance that the furniture will burn? We laugh at stupid laws, such as the one that says its illegal to sell instruments on Sunday, but we are so willing to sue anyone because that failed to point out the obvious? What next? Soldiers sueing the Army becuase they didn't have proper notification they might get shot in combat?
Posted by Commonsense on May 14, 2008 at 5:11 p.m. (Suggest removal)
And down the slippery slope we slide.....
The good news is that from this tragedy change will come. We will soon see property owners putting the fire department on tresspass notice to prevent money grubbers from making a quick dollar on another's tragedy. When the financial risk of a litigant fire department is greater than the fire itself, property owners will push for the replacement of firemen with passive fire supression systems such as sprinkler systems.
The CPW is solely responsible for discouraging business from using sprinkler systems. Their "extortion prices" policy for "tap ins" has been overturned so sprinkler systems will become the primary method of fighting fires.
The public will benefit as we can replace the need for 90% of the firemen with sprinklers. Response times will be nil the vast majority of fires will be kncked down before they can cause major damage. No one will risk the further loss of property to the those who sue for financial gain. Taxes can be reduced as there will be no need for fire stations, new equipment and personnel. A skeleton crew can be kept to perform inspections and ensure compliance or their inspection duties can be turned over to other agencies already performing similar servcies. Lives will be saved since there will be fewer (or NO) fires that can kill unsuspecting firemen standing in burning buildings. Traffic fatalities will be reduced to non-existence as speeding fire trucks will no longer be needed.
We need these changes to save lives and money. The old-school cowboy hero fire fighting needs to fade away with history. The best way to honor the fallen is to ensure that NO ONE perishes in their paths.
Posted by coolfreaknbeans on May 14, 2008 at 7 p.m. (Suggest removal)
So are you suggesting we go to European firefighting standards?Where they're too cowardly to actually fight fire? I agree with sprinkler systems,but not trying to replace humans with them.Do you find it "old-school cowboy hero firefighting" for those brave men to enter a building to save life?and search for victims? I don't think the Charleston 9 would want the entire FD to turn into a bunch of pussy...uh...cats.Change yes,but not a new system of cowardess.
Posted by usmcret on May 14, 2008 at 7:22 p.m. (Suggest removal)
Yep, let them sue, survivors of fallen police officers, armed service members, SS agents, FBI etc etc etc.. let them all sue...
That suggestion is crazy, as is this lawsuit...
I feel for the families the same as I do for every member of every fallen hero, no matter if it's in the SSS, along the highway, or in the dessert, but it does not warrant a law suit..
Posted by madpeeps on May 14, 2008 at 9:03 p.m. (Suggest removal)
I guess next time someone ask me to contribute money to help a family suffering a loss, i'll say no. It is absolutely shamefull to file these lawsuits. This is why our judicial system needs to empliment caps on settlements. The millions given to these families is a lot more money than any of the fire fighters would have made for their families. I agree all the families of the soldiers killed in Iraq should sue President Bush. He sent them into a Irag for no real good reason and got them killed. These guys wanted to do this job. They were not standing outside the sss saying i'm not going there.
Posted by coolfreaknbeans on May 14, 2008 at 10:37 p.m. (Suggest removal)
usmcret- Please tell me exactly who has died in their dessert?Was it a thick pudding?Or a chocolate cake?
madpeeps-You sound like an ignorant raving liberal
Posted by Fireman18 on May 15, 2008 at 7:14 p.m. (Suggest removal)
I believe the biggest thing in the report was that these men died because of lack of leadership and lack of training. Didn't say anything about the manufactors of the furniture being the cause so why waste time suing them?