6th suit filed against sofa store
Widow of firefighter James 'Earl' Drayton alleges negligence
The Post and Courier
Friday, May 30, 2008
The family of a sixth Charleston firefighter killed in the Sofa Super Store blaze is suing the store's owner, several furniture manufacturers and other companies, alleging the businesses were negligent in his death.
The Post and Courier
Earl Drayton
The wrongful death lawsuit was filed by Kimberly Drayton, widow of fallen firefighter James "Earl" Drayton, on May 21 in Charleston County. Drayton was one of nine city firefighters who died in the West Ashley store June 18. Drayton is represented by attorneys Larry Richter and Dwayne Green. Richter also represents some of the other families who have sued. The families of Capt. Louis Mulkey, Capt. Billy Hutchinson and firefighters Melvin Champaign, Brad Baity and Mike Benke have filed similar suits. "We want to make sure Mrs. Drayton has the same opportunities to resolve this case as the other litigants," Green said. 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 suits don't name the city 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.
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Sofa store attorney Richard Rosen could not be reached for comment Thursday. 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. An investigative report released this month by a city- appointed consulting panel found that the Fire Department and the store were to blame for the deaths. Green said those findings bolstered his desire to get to the bottom of what happened that night. Court-ordered mediation in the sofa store suits is scheduled to begin next month, Green said.
Reach Ron Menchaca at rmenchaca@postandcourier.com or 937-5724.
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Posted by Hey_U_Guys on May 30, 2008 at 7:17 a.m. (Suggest removal)
Another family wants more money. These poor men died doing their duty/job. Yes it's horrible, but these suits won't bring them back or take away the pain. I guess every family that has a family member die from being a police officer, firefighter, or soldier can start filing suits for wrongful death. I can see it now, a huge class action suit against the Armed Forces due to the deaths oversees.
Posted by Toots2U on May 30, 2008 at 7:27 a.m. (Suggest removal)
I can see it coming too. Most jobs have some degree of danger. It is sad, but each time these people go to work, they realize they might not come home at the end of their shift. If you can't stand the heat, get out of the kitchen.
Posted by Early on May 30, 2008 at 8:37 a.m. (Suggest removal)
There is good reason for suit, negligence by the department has been proven time over. I would sue the shyt out of them.
Posted by ironhorse on May 30, 2008 at 8:59 a.m. (Suggest removal)
I hope the widow can hang on to every dime awarded. This was the same family that had every relative fighting each other for cash.
Posted by bigwhip on May 30, 2008 at 9:33 a.m. (Suggest removal)
Really Early? Negligence by how many? Let's see.....ummmm,code enforcement department,the on scene supervisor, the fire chief, the Mayor, and what about Jimmy Gallant's Public Safety Comte? Do any of the minutes of his committee's meetings ever discuss or request money for proper equipment, training, uniforms, etc. What about records from code enforcement; do they show any inspections and follow up on the business? How about a review of council's minutes to show where money was requested for the"safety of the citizens" via the fire department.
Bottom line is that there is plenty of fault to find and blame to be placed. These lawsuits smack of greed. If these leeches of our society succeed in obtaining one dime from the furniture store, they should obtain a hundred fold more from the city.
In the U. S. Navy when the Lt(jg) runs the ship aground, the Captain loses his job.
Posted by CyndiJustMe on May 30, 2008 at 9:41 a.m. (Suggest removal)
The families suing after so many of us contributed our hard-earned money to help them just makes me sick at heart. I know I'm probably going to think twice the next time a potentially litigable tragedy occurs. If trying to help them out is only going to pay for lawyers so they can sue for even more money, why bother? I can think of many more useful ways to spend my cash.
To the families pursuing lawsuits despite very generous public and private donations: SHAME ON YOU!
Posted by NativeSC on May 30, 2008 at 9:42 a.m. (Suggest removal)
The only people making $$ off of these suits is the POS lawyers. After expenses(think they will be padded with expensive dinners, etc) and attorney's fees, there will be almost nothing left, that is IF they win. What negligence has been proven? I thought to this point it was just a bunch of Monday morning quarterbacks pointing fingers. I am sure the cousins and neighbors and step-children and the guy he went to 3rd grade with will be coming out of the woodwork to try and get a piece of this action. May Drayton and the others rest in peace, because there certainly won't be any in these families for a long time.
Posted by granny2 on May 30, 2008 at 10:34 a.m. (Suggest removal)
Why don't the other 3 families just go ahead and sue because I am sick of seeing this every few weeks. I think that all the money that was collected from hard working people should be given back. Suing the furniture makers is about the dumbest thing that I have heard of. What the h*** did they have to do with it. Enough of this sh** is enough.
Posted by wpc3iop on May 30, 2008 at 11:17 a.m. (Suggest removal)
CyndiJustMe and granny2 : Great posts...WELL SAID!!!!!
Posted by CaptPete on May 30, 2008 at 11:33 a.m. (Suggest removal)
Another greedy family member. I don't think Earl would have wanted this. This just makes it harder on the next guy's family that gets hurt.
Posted by ColdBeer on May 30, 2008 at 11:36 a.m. (Suggest removal)
Personally I think the City needs to be sued. The City is not owning up to it's responsibility in this mess and maybe, just maybe, a law suit might make that happen.
Like others have said, the only people that are going to make money with these suits are the lawyers. I imagine they have been beating the doors down at the relatives houses, doing everything they can to convince them to sue someone.
Posted by CHRISJIII on May 30, 2008 at 11:42 a.m. (Suggest removal)
Where were all of these comments when it was announced that the other families were suing? No one mentioned anything about the families having to return the donations that they received from the community before the Drayton family decided to sue. Didn't he die in the same fire?
Posted by RTC on May 30, 2008 at 12:08 p.m. (Suggest removal)
CHRIS, I remember some of these same comments posted after articles were published on the other families that were suing.
No one is singling out the Drayton family.
I believe that this particular family has drawn more attention because of all of the bickering between extended family members.
Check the archives, there were some really nasty comments aimed personally at some of the widows and children of the other firefighters.
Posted by coolfreaknbeans on May 30, 2008 at 1:18 p.m. (Suggest removal)
Early you hit the nail on the head!It's easy for other people to say that if you sue youre just greedy or whatever. But the bottom line is you don't know what theyre going through.If I lost a loved one in a horrific way and there were people left and right that were at fault....I'd sue their pants off.Does that make me greedy?No!If anything it shows I have the smarts to know "big companies" or gov't could give a crap less about my loss at the end of the day.The only way in many circumstances to enact REAL change and prevent more tragedy is to hit their bottom line.Thats what people understand.I wish these families the best of luck.
Posted by lucy_fan on May 30, 2008 at 1:34 p.m. (Suggest removal)
I don't think it's necessarily a matter of greed as it is accountability. Yes, these men were in a very risky line of work, and they put their lives on the line every time they respond to a call, but if there were safety steps that should have been taken and were not, that's another issue entirely. I wish these families the best of luck and hope they are able to find peace.
Posted by Slick50 on May 30, 2008 at 1:49 p.m. (Suggest removal)
Regardless of the reason, there is always a lawyer waiting for the opportunity to make money from someone's misfortune. Taking on the city is paramount to taking on big tobacco (deep pockets).
I can't help wonder if these families were convinced that a lawsuit was the right thing to do by a "sympathetic" barrister.
Posted by common_sense_plz on May 30, 2008 at 1:50 p.m. (Suggest removal)
I agree that if something like this happened to my family I would want to sue too. What I don't understand. . . I am asking for help . . . How is the furniture maker responsible?
City - lack of training and taking a water gun to a fire
ok . . . even though they are not being sued
site owner - unapproved structure, lack of fire safety training, smoking near flammable materials . . . ok
building contractor - structure not to code, building without a permit
fire door folks - it malfunctioned, self explanatory
furniture maker - what did they do? Can the furniture maker be sued for every fire?
Posted by coolfreaknbeans on May 30, 2008 at 3:03 p.m. (Suggest removal)
I'm not an attorney.But I have been advised by one that laws in some states say you cant sue your employer unless it's ruled "willful".(Thats how the protect big companies)They say its a workmens comp issue.You can sue the companies who make "faulty" or "dangerous" equipment.Thats why you see people suing this way.They have to sue a third party to be successful.
Posted by ed52 on May 30, 2008 at 7:18 p.m. (Suggest removal)
greedy greedy . now i wish i could get the money back i donated.
Posted by Eyes_N_Skies on May 30, 2008 at 8:41 p.m. (Suggest removal)
Greedy families and lawyers. They don't care about their lost ones. They are more interested in the all mighty green. They just want to get rich off their dead kin folk.
Try suing the real murderer at City Hall you greedy people.
Posted by Eyes_N_Skies on May 30, 2008 at 8:43 p.m. (Suggest removal)
Here's a thought. How about the Super Sofa Store do a counter-claim against the greedy people and then a cross-claim against dictactor Riley and Thomas?
Posted by Eyes_N_Skies on May 30, 2008 at 8:45 p.m. (Suggest removal)
granny2,
Yes Granny. I think they need to give back ALL THE DONATIONS. That's the RIGHT thing to do!!!!
I want my $50.00 back from these slimes.
Posted by heartwesterly on May 30, 2008 at 9:34 p.m. (Suggest removal)
You gave a DONATION. The word implies that you are giving a gift. That doesn't mean you get any say in how it's spent. Sorry, but you have no right to say how these widows get to spend the money.
If you didn't truly give it with love in your heart, you never should have given it at all.
I don't know how many times I'm going to have to say this.....Firefighting has under gone just as much a technological revolution as ANY other job field. Their exists training,tactics and equipment to make sure that NO FIREFIGHTER HAS TO DIE!
These men do what no one else wants to do or has the guts to do....They deserve just as much ON THE JOB SAFETY as any other job.
Would you tell a steel worker's family working on a metal frame high rise who dies, oops sorry you died, but you should have expected it because your job is dangerous. NO, absolutely not, you be screaming fo an inquiry into why safety procedure weren't followed, why they weren't trained adequately, why they didn't use the equipment, what the companies procedure was etc...
If suing them makes even one company look at how they do buisness and change practices....then it was the right thing to do.
I say more power to you...sue the crap out of them, and sue the city while you are at it.
Posted by beth1070 on May 30, 2008 at 9:59 p.m. (Suggest removal)
Ambulance chasing trial lawyers are to blame for our "sue happy" society.
I was involved in a minor fender bender a few years ago where nobody was hurt and less than $500 worth of damage was done to both cars. But 2 days later I was getting mail and phone calls from attorneys all over the state (this was in NC) telling me to call them if I needed representation regarding my serious car accident. I was nauseated by the whole thing and gave each and every one that contacted me a piece of my mind (most hung up on me). But that's what our courts are allowing now, lawsuits that are driven by greed that is often inspired by lawyers.
I was just as heart-broken as everyone was when SSS burned and we lost some fine and brave firefighters. But a lawsuit won't bring them back, and it also will not insure that another firefighter won't die in the line of duty.
Posted by heartwesterly on May 30, 2008 at 11:49 p.m. (Suggest removal)
You're right, nothing will bring the nine back.
It is a sad truth that we live in a society were money is valued above all else. If everyone truely had another persons best interest at heart, lawsuits would be unnecessary. However, as it stands money talks. It takes hitting someone (buisnesses, city, manufacturers, etc.) where it hurts to make some them do the right thing.
How would you feel if you knew your loved one made it to what they thought was an exit...only to find the door blocked up or chained shut. Then learn that it was done illegally? Or that had a firewall been correctly installed(if the renovations had been done legally) would have prevented a flashover. Or that a sprinkler system could have kept a small trash fire, just that, a small trash fire. I suppose we could play what ifs all night.
But the bottom line is if the SSS done everything correctly instead of cutting corners, the men wouldn't have died. So in suing them, just maybe, they will think twice before they build any illegal structures, blocking fire exits, and improperly storing flammables.
I am suprised, however, that no one has yet sued the City. Ultimately it was the Chief's job to make sure his men were trained, equiped, and prepared for this sort of thing. It was his job to keep a 360 view of the incident, and he failed miserably. It was up to the mayor to make sure he appointed someone who was capable of keeping the city up to date, and it was his responsiblity to make sure they had the proper funding. I know the families haven't sued the City because they feel it would keep the funds, however slowly they may be coming, from going to the equipment, training, etc. that the department desperately needs.
I do find it funny that so many people persist in believing that fire is this magical, unpredictable element. It's not. It is a heck of alot more predictable than a hyped up druggie pointing a gun, or a band of terroristic afghans. Modern day firefighting is NOT what you see in the movies. SSS was not a Backdraft. It was not a Ladder 49. Just like any other profession there is so much more too it.