posted 06-27-2003 14:41               

Fireworks Turn Deadly
Blast at Charlevoix festival kills one injures 15
Detroit Free Press
Monday July 28, 1997
By Tim Doran and Molly Abraham
One man Was recovering Sunday after losing two limbs when a fireworks shell exploded too soon at a popular Charlevoix summer festival, leaving part of the northern Michigan city looking like a battle zone.
"It was scary as hell," said David Campbell, a local attorney who was watching the fireworks with his family about 15 feet in front of his friend, Tadeusz (Tad) Dobrowolski, a local restaurateur, who lost his left leg and left arm. "It was like a terrorist attack," said Campbell.
The explosion at around 11 p.m. Saturday sent shrapnel toward an estimated 50,000 people and left some with shattered bones and severe cuts, the U.S. Coast Guard said Sunday. One man died and at least 15 other people were injured, police said.

The blast came about 15-20 minutes into a fireworks show that was part of the weekend Venetian Festival, witnesses said. The display was being launched near the southeast corner of the bridge crossing U.S.-31 near Round Lake, in the center of town, said Sgt. Mike Tilley of the State Police post at Petoskey. Tilley said the shell, which was supposed to burst in the sky, instead exploded on one of the trailers used to launch the fireworks. About a third of the trailer turned into shards that flew at least 1,200 feet he said.

"All you could see was just orange in the sky," said Missy Vincent, 18, who watched in front of the Cravings ice cream shop where she, works. Dobrowolski, 44, is proprietor of Tad's, a restaurant across from Charlevoix Municipal Airport.
He was listed in critical condition at Charlevoix Area Hospital on Sunday night. Despite the severity of his injuries, friends said he was able to write notes with his remaining hand. Helen Coon, who runs Charly's restaurant in the Edgewater Hotel, said the place was full of customers at the time of the explosion. I didn't see it but I heard a big thunder-like noise and the building shook,'" she said.
'People said there were pieces of steel flying through the air.' Windows in about half a dozen businesses on Bridge Street, the city's main road, and the Beaver Islander ferry were blown out, state police and the Coast Guard said. Debris blew a hole in the ferry above the water line, the Coast Guard said.

Toby and Sam Haberman of Birmingham, who were entertaining guests Saturday night at their vacation, home, walked down to watch the fireworks from about 100 yards away, Toby Haberman said.

"In the middle of the fireworks, we heard an enormous blast," she said. 'There was a pause in the fireworks, and you knew something was wrong, but then they continued with the fireworks for a minute or two." Haberman said they saw a couple of people on the ground screaming "'Help me, help me' - and they were getting help.' Ambulances were called from surrounding areas. Several vacationing doctors helped. Mark Yager, 43, of Charlevoix died Sunday morning of general trauma at Northern Michigan Hospital in Petoskey, where he was a hospital technician. "Everybody is very upset, said house manager Dixie Cofier.

Yager had been sitting next to his wife, Deborah, who was less seriously hurt. She was fisted [sic] in fair condition Sunday at the hospital. Two Oakland County residents Shannon Wilson, 17, of Lake Orion and Megan Kapera, 12, of West Bloomfield Township - were treated and released from hospitals, state police said. Unlike the Freedom Festival fireworks in Detroit, where spectators are kept back from the point of explosion, Haberman said that in Charlevoix, 'people were a lot closer to the fireworks. State laws and regulations require spectators to be a certain distance from fireworks, and investigators will check to see if those rules were followed, Tilley said.

The fireworks were set up by Fireworks North, a business in Central Lake, a town south of Charlevoix. Tilley said three of the four people operating the fireworks agreed to take breath alcohol tests and to searches of their vehicles. The fourth refused both requests, he said. "He had been drinking, and admitted he had been drinking," Tilley said.

The Associated Press contributed to this report.

Crowd may have been too near
Detroit Free Press
29 July 1997
By Dawson Bell
First came the horrific explosion, the fireball at ground zero, the concussion that lifted grown men off their feet and sent projectiles flying through the air.
Then a giant cloud of white smoke enveloped the waterfront where the fireworks for the Charlevoix Venetian Festival were being ignited.

As investigators sorted out what happened Monday, one thing seemed clear: The crowd was too close.

But in those chaotic moments, no one knew what was happening. As the echo died, some applauded. Some, including Police Chief Dennis Halverson, rushed forward. People were bleeding. One died.

And as the sounds of ambulance sirens began to fill the air, the fireworks show resumed Saturday night.

At least 16 people were injured and one killed from steel shrapnel propelled by a charge "the size of a basketball" that exploded inside a 12-inch mortar, State Police Sgt. Mike Tilley said.

The explosion destroyed a bank of mortars, some still holding unexploded ordnance, and took out part of the trailer on which they were mounted.

Tilley said a Chevrolet Suburban belonging to Fireworks North, the company putting on the display, was destroyed by the shrapnel. One witness said he saw several fireworks technicians knocked off their feet by the blast.

But within moments, they were lighting the fuses to set off more rockets.

Police Chief Halverson said Richard Davis, the company's president, briefly examined the area around the mortars after the explosion and found no evidence of injuries, so he resumed firing.

But the deadly shrapnel fanned out over a wide area, officials said, raising questions about whether spectators had been kept far enough away.

Mark Yager, a 44-year-old hospital technician, was less than 100 yards away, sitting on the lawn in a waterfront park. He was killed almost instantly, his mother, Marcella Yager of Maumee, Ohio, said Monday. His wife, Deborah, a few feet away, was struck and suffered burns and cuts. Two of their children, ages 14 and 7, sat between their parents and were untouched.

Anneke Dhaseleer of Charlevoix was nearby. She said she saw a "huge fireball."

People around her were falling to the ground and moaning. A man crouched over one of the victims looked up and yelled something to her; all she caught was "Stop!" Dhaseleer ran toward the street looking for help.

Dave Chulick was sitting atop a grassy knoll 30 yards from the detonation.

Chulick watched as "everything disappeared" in a white band of smoke, then heard the technicians say "We're OK," before they got up "and went about their business."

A fireman rushed forward and shouted: "Shut if off, now!" But the display continued through to a grand finale.

Chulick and his 11-year-old son walked home through the park where many were injured, but was unaware of the devastation until he heard about it from his daughter.

State and federal investigators may take several weeks to determine what happened, Halverson said Monday.

One of the Fireworks North employees refused to take a breath test at the scene, and police obtained a search warrant to test his blood alcohol. "He had been drinking, and admitted he had been drinking," Tilley said earlier.

The other employees passed the tests, Tilley said.

A key unanswered question Monday was whether the company and city adhered to safety guidelines on separation of the crowd from the detonation site.

Kurt Weiss, public education coordinator for the state Fire Marshal's Office, said the guidelines call for spectators to be kept 1,680 feet away. A representative of one of the largest pyrotechnical firms in the country, Massachusetts-based Atlas Advanced, said the distance is 860 feet. Spectators at the Charlevoix event were inside both limits.

Calls to Fireworks North Central Lake office were not returned Monday. Davis is also the owner of Second Chance Body Armor, an international supplier of bulletproof clothing.

The company's contract is with the Charlevoix Chamber of Commerce, and the fireworks permit was approved by the City Council. Halverson said he had not reviewed the contract or permit and didn't know if it specified spectator setbacks.

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http://www.record-eagle.com/2003/jun/05work.htm
June 5, 2003
Company back in suits
One man killed, more than a dozen injured
By KEITH MATHENY
Record-Eagle staff writer

CHARLEVOIX - In a ruling deeply impacting nine lawsuits filed by victims of the 1997 Venetian Festival fireworks explosion, the state Court of Appeals has placed Second Chance Body Armor Inc. back into the cases as a defendant.
The Central Lake company had been dismissed in October 2001 by Charlevoix County Circuit Judge Richard Pajtas. Second Chance's founder and major shareholder, Richard Davis, also owned Fireworks North Inc., the company that launched the ill-fated fireworks display.
One Charlevoix man was killed and more than a dozen others seriously injured on July 26, 1997, when a large firework exploded prematurely in its steel launching tube, hurling shrapnel into a large crowd of spectators.
An appeal of Pajtas' decision was filed with the higher court by Royal Oak attorney Louis Corey, who represents Charlevoix resident Tadeusz Dobrowolski and his family. Dobrowolski lost a leg and arm in the explosion.
The Appeals Court ruled Tuesday that Pajtas erred in dismissing the company as a defendant, and remanded the case back to the Charlevoix court.
The court ruled reasonable evidence exists that Second Chance employees launched the fireworks, were paid by Second Chance for constructing the fireworks-launching trailer, and that the company used the fireworks operation as a way to make contacts with municipal officials and promote its police equipment to law officers.
"Second Chance was absolutely integral to the entire process," said Cory on Wednesday. "They created the contraption which exploded. It was done on their time, with their money and their people."
Troy attorney Daniel Steele, representing Second Chance in the Venetian lawsuits, indicated Wednesday that Second Chance may appeal the ruling to the state Supreme Court.
"We believe that Judge Pajtas ruled correctly when he dismissed the claims against Second Chance Body Armor," Steele said. "We also believe that the Michigan Supreme Court will uphold Judge Pajtas' decision."
Once including numerous public officials and entities, as well as fireworks deliverers and manufacturers, the nine lawsuits filed by explosion victims now list as defendants only Second Chance, Davis, Fireworks North and employees Michael Jaye, Glen Crawford and Lawrence Grise.
Pajtas in March 2002 agreed to delay trials on the fireworks lawsuits until the appeal on Second Chance's dismissal was resolved.

http://www.record-eagle.com/2003/jun/05broke.htm
Second Chance chief has filed for bankruptcy
Nearly all claims can be traced to suits
By KEITH MATHENY
Record-Eagle staff writer

CHARLEVOIX - Second Chance Body Armor president Richard Davis is seeking Chapter 11 bankruptcy protection, largely because of pending claims against him by Venetian Festival fireworks explosion victims, according to documents on file with U.S. Bankruptcy Court.
Davis filed for the personal bankruptcy in July. It remains pending.
Tuesday's state Court of Appeals ruling reinstating Second Chance Body Armor Inc. as a defendant in nine lawsuits filed by fireworks victims holds special significance in light of Davis' attempt at bankruptcy, said Harbor Springs attorney Charles Glass, who represents victims in five of the lawsuits.
"It's great news for all of the plaintiffs," Glass said. "It now brings Second Chance right back in. It's a successful company with large sales nationwide, and it also has plenty of insurance."
Davis' bankruptcy documents include claims filed by creditors against him. All but two of the claims can be directly connected to the Venetian fireworks lawsuits.
Though Davis and his bankruptcy attorney, Timothy Fusco of Troy, dispute the dollar amounts sought, the claims provide an indication of what individual fireworks victims may be seeking in their lawsuits.
Tadeusz Dobrowolski, a Charlevoix resident who lost his leg and arm in the 1997 Venetian blast, has submitted a claim against Davis for $25 million. Two other victims seek $1 million each. Three others have claims ranging from $100,000 to $650,000.
Deborah Yager, the wife of Mark Yager, who was killed in the fireworks explosion, has not assigned a dollar figure to her claim.
Another of the claims is from Auto-Owners Insurance, Davis' liability insurer, for $264,000 - about the amount the insurer agreed to pay to fireworks victims in exchange for dismissal from the Venetian lawsuits. The only other creditor listed with a significant claim against Davis is Second Chance Body Armor, for $131,000.
Glass accused Davis of using bankruptcy in an attempt to avoid his obligations to fireworks victims.
"He was pretty close - but for this Court of Appeals decision - from walking away from the whole thing," Glass said of Davis.
Fusco disputed Glass' allegation. He noted that Davis has spent more than $1 million of his own money defending the Venetian lawsuits.
"He would rather use the assets he has to satisfy those obligations than continue to spend them in defense costs," Fusco said. "We are hoping to use Chapter 11 as a way to resolve the claims, and provide payments to those plaintiffs."
Fusco added that Davis is seeking to avoid any action that affects the integrity of Second Chance, the Central Lake area's major employer.

posted 06-27-2003 14:59               

S T A T E
O F
M I C H I G A N
C O U R T
O F
A P P E A L S

UNPUBLISHED
June 3, 2003

TADEUSZ DOBROWOLSKI, JANET DOBROWOLSKI, CHRISTOPHER DOBROWOLSKI, ADAM DOBROWOLSKI, and KYLE DOBROWOLSKI,

Plaintiffs-Appellants,
SECOND CHANCE BODY ARMOR, v No. 238007 Charlevoix Circuit Court LC No. 98-136418-NO

Defendant-Appellee,
and CITY OF CHARLEVOIX, RICHARD DAVIS, MICHAEL JAYE, GLEN CRAWFORD, LAWRENCE GRISE, FIREWORKS NORTH, INC., VENETIAN FESTIVAL, CHARLEVOIX CHAMBER OF COMMERCE, CHARLEVOIX FIRE DEPARTMENT CHIEF, CHARLEVOIX CHIEF OF POLICE, CHARLEVOIX CITY MANAGER, WOLVERINE FIREWORKS DISPLAY, INC., STAR SPECIALTY DESIGN & FIREWORKS, UNITED PYROTECHNICS, INC., HUNAN PROVINCIAL FIREWORKS & FIRECRACKERS IMPORT, PYRO SHOWS, INC., SUNNY INTERNATIONAL, LIDU AMERICA, and TEMPLE OF HEAVEN,
Defendants.

Before: Schuette, P.J., and Sawyer and Wilder, JJ PER CURIAM.

Plaintiffs appeal by leave granted the trial court’s summary disposition of their claims against defendant Second Chance Body Armor, Inc. (Second Chance) under MCR 2.116(C)(10).

This case arose from a catastrophic premature explosion during a fireworks display at the Charlevoix Venetian Festival. Second Chance paid its employees for part of the time they spent renovating the trailer that housed the pyrotechnical mortars where the blast originated. The mortars and trailer failed to contain or divert the explosion. We reverse.

Plaintiff argues that it demonstrated a question of fact whether Second Chance employees acted within the scope of their employment with Second Chance when they renovated the trailer because Second Chance used the fireworks displays to promote its police-equipment business. We agree that a question of fact exists.

This Court reviews de novo a trial court’s decision to grant summary disposition under 2.116(C)(10). Maiden v Rozwood, 461 Mich 109, 120; 597 NW2d 817. A trial court may only grant summary disposition under MCR 2.116(C)(10) if, drawing all reasonable inferences in favor of the non-moving party, “there is no genuine issue as to any material fact, and the moving party is entitled to judgment . . . as a matter of law.” MCR 2.116(C)(10); Alspaugh v Law Enforcement Comm, 246 Mich App 547, 567; 634 NW2d 161 (2001).

Second Chance appeared on a press release that promoted the schedule of Fireworks North, Inc., a fireworks display company. Second Chance’s president and major shareholder, defendant Richard Davis, owned Fireworks North. Plaintiffs’ evidence indicated that fireworks displays were powerful marketing tools. Plaintiffs presented evidence that Davis personally promoted Second Chance’s product and its design during a fireworks meeting with law officers, and that Davis used fireworks to gain familiarity with municipal officials.

Plaintiffs also presented evidence that Second Chance paid defendants Grise and Crawford – Second Chance employees – for time they spent renovating the mortar trailer. Defendant failed to produce any evidence that Davis or Fireworks North reimbursed Second Chance for the time Grise and Crawford spent on the trailer. Plaintiffs showed that the Second Chance employees worked on the trailer on Second Chance’s leased premises. Plaintiffs also produced evidence that Davis used Second Chance’s truck to haul the mortars to the show and that materials used for the trailer’s reconstruction were often mingled with materials used by Second Chance. Plaintiffs showed that Second Chance gave Crawford a pay raise for obtaining a hazardous materials license – a license he only needed for hauling fireworks.

An employer is responsible for its employee’s actions when the employee acts within the scope of his or her employment. Rogers v JB Hunt Transp, Inc, 466 Mich 645, 650-651; 649 NW2d 23 (2002). Generally, an act is within an employee’s scope of employment if “(a) it is of the kind he is employed to perform; (b) it occurs substantially within the authorized time and space limits; (c) [and] it is actuated, at least in part, by a purpose to serve the master . . . .” 1 Restatement Agency, 2d, § 228(1), p 504. Whether an employee acted within the employment’s scope is usually a question of fact. Green v Shell Oil Co, 181 Mich App 439, 446-447; 450 NW2d 50 (1989).

We find that plaintiffs presented evidence on which a reasonable factfinder could determine that Davis and the other employees acted with Second Chance’s authorization and, at least in part, in an attempt to promote Second Chance’s police-equipment business. Plaintiffs presented facts on which a reasonable juror could find that the employees renovated the trailer and performed the display within the scope of their employment with Second Chance. We hold that the trial court erred when it granted Second Chance’s summary disposition motion.

Reversed and remanded for further proceedings. We do not retain jurisdiction.

/s/ Bill Schuette
/s/ David H. Sawyer
/s/ Kurtis T. Wilder

posted 06-27-2003 21:19               

Here are some highlights of Richard Davis' idea of due dilligence when handling explosives in public:

Kurt Weiss, public education coordinator for the state Fire Marshal's Office, said the guidelines call for spectators to be kept 1,680 feet away.

Dave Chulick was sitting atop a grassy knoll 30 yards from the detonation.

Mark Yager, a 44-year-old hospital technician, was less than 100 yards away, sitting on the lawn in a waterfront park. He was killed almost instantly, his mother, Marcella Yager of Maumee, Ohio, said Monday. His wife, Deborah, a few feet away, was struck and suffered burns and cuts. Two of their children, ages 14 and 7, sat between their parents and were untouched.

Police Chief Halverson said Richard Davis, the company's president, briefly examined the area around the mortars after the explosion and found no evidence of injuries, so he resumed firing.

posted 06-28-2003 14:18               

OK Ned, convince me. What do you know about these lawsuits that would have caused you to say such a thing?

Let's start with Deborah Yager, the wife of Mark Yager, who was killed in the fireworks explosion. I cannot find an amount assigned to this (slimey and unwarranted?) lawsuit.

Maybe you think that the Tadeusz Dobrowolski suit was slimey and unwarranted? He is the man who lost his leg and arm in blast. His claim against Davis was for $25 million. I suppose it can be argued that the loss of two limbs isn't worth that much.

Two other victims of the blast each sought $1 million in their lawsuits. Their injuries were not specified, so perhaps these are the "slimey" individuals to which you were referring. Were their claims "unwarranted" because they were not damaged enough to justify it?

Three other claims (by victims?), were also mentioned, their amounts ranging from $100,000 to $650,000. Maybe they were not hurt and were merely trying to cash in on a tragedy, which would certainly be a slimey thing to do. If that is the case, were they awarded anything against those claims?

It appears that another claim was from Auto-Owners Insurance, Davis' liability insurer, for $264,000 - about the amount the insurer agreed to pay to fireworks victims in exchange for dismissal from the Venetian lawsuits. I suppose this could be considered by some to be slimey and unwarranted. Given the gross negligence demonstrated by Davis that allowed for the the injuries in the first place, I can also see why the insurance company would want to recoup their losses from the responsible party.

Ironically enough, the only other creditor listed with a significant claim against Davis is Second Chance Body Armor, for $131,000! I think that this claim speaks volumes about the significance of the incident and Davis' percieved responsibility by his own company!.

Admittedly, this isn't much to go on. Does anyone have more information about these suits?