Fireworks Suit

Why hasn't the Town of Vienna come clean about what happened regarding the fireworks injury? Why have they concealed what happened? Why have they decided to pay over twice as much for a lame laser show when they still could have had the fireworks display, and event that is traditional and American as apple pie? Why have these idiots been allowed to stay in office? All these questions? And to think, they really do think they know more than you.

Jane Seeman
Maud Robinson
Edith Kelleher
Michael Polychrones
George Lovelace
Dan Dellinger
Laurie Cole

You have done what nobody thought would ever happen, you have destroyed the spirit of America, the traditions and expectations of being alive and free in Vienna, Virginia, all for what?

Why won't you be honest enough to tell us why you killed the 4th of July? Was this some sort of legal deal you decided would appease someone?

Your decision making is substandard to say the least. It's a if you all sit back and play with our tax dollars like it's your own private club.

Who said the town was withholding information? Even if they were, there were plenty of local news media reporting on the MANY incidents that happened with the fireworks. It wasnt Vienna's fault that the fireworks malfunctioned, but the company (forget who it was) bought a bunch of messed up batches (unintentionally) from China or wherever it is they get them from.

I do agree that a laser show is freakin lame and not worth the money they are spending on it.

Who said the town was withholding information? Even if they were, there were plenty of local news media reporting on the MANY incidents that happened with the fireworks. It wasnt Vienna's fault that the fireworks malfunctioned, but the company (forget who it was) bought a bunch of messed up batches (unintentionally) from China or wherever it is they get them from.

Do you know the answers to the questions originally posed?

Minerva says: "It was not the town's fault". However, the town was at fault for allowing people to be in the position where they could get injured if there was a mishap. I was there and took up a position near the community center and in the middle of the crowd. I consciously was placing myself in a position of having a human shield because I considered the situation dangerous.

Here is what you missed Duck.

I said that the town is not at fault for the MALFUNCTIONS. It IS at fault for allowing people to be too close to the fireworks.

Even if the injured people sued the Town, theres a big chance that it wouldnt hold up in court. Reason being that people voluntarily go to firework shows even though they are fully aware of the idea that things go wrong. Im in no way saying it was the victim's fault, but it was their personal decision to stand so close to where the fireworks were launched, and the Town itself had nothing to do with that. There is always the possibility that the town paid for their medical expenses.

Family sues governments, fireworks company after July 4 injuries in Vienna

William C. Flook, The Examiner
2008-06-02

A family injured in last year's July 4th fireworks disaster in Vienna is suing the town, Fairfax County and a Pennsylvania fireworks company, claiming each shares blame in the accident.

Michael Ku and his son, Conley, were among 11 spectators hurt by a rogue mortar that tipped sideways and rocketed toward the crowd during the display's finale at Waters Field.

“There were significant injuries, both the father and the son,” Joseph Cammarata, their attorney, told The Examiner on Friday.

Conley Ku’s lawsuit, filed through his mother, Carolyn, argues that the “defendants know or should have known of the risk of harm resulting from the ultra-hazardous activity of shooting fireworks,” and that they breached an understanding that the display would be safe.

Ronks, Pa.-based Schaefer Pyrotechnics, which had put on Vienna's display for at least the past decade, was cleared of any wrongdoing by a county investigation, which pinned the mishap on a defective box of mortars from China. The Vienna Town Council this year switched to a laser light show for its upcoming Independence Day celebration.

The company’s owner, Kimmel Schaefer, in what he said was the first media interview since the incident, told The Examiner the products used in the display had been made specifically for him by a Chinese factory, which his insurance company is going to bring into the lawsuit. He said Schaefer Pyrotechnics has done 140 shows since then with no problems.

“It’s just an unfortunate incident,” he said. “It is what it is.”

Conley Ku suffered injuries that include second-degree burns to his left leg and a perforation to his right ear drum that left him with hearing loss, according to the suit, which seeks $16 million.

Michael Ku suffered severe second-degree burns to his chest, abdomen and right shoulder, as well as puncture wounds to his abdomen and pelvis that required several medical procedures to remove debris, a second lawsuit alleges.

The governments were served earlier this month with the suits, which were filed in March. A Fairfax County spokesman declined comment; a Vienna spokeswoman could not be reached.

wflook@dcexaminer.com

Even if the injured people sued the Town, theres a big chance that it wouldnt hold up in court. Reason being that people voluntarily go to firework shows even though they are fully aware of the idea that things go wrong. Im in no way saying it was the victim's fault, but it was their personal decision to stand so close to where the fireworks were launched, and the Town itself had nothing to do with that. There is always the possibility that the town paid for their medical expenses.

You have no earthly idea what you are talking about. Sorry.

Recall that the fireworks were once held at the Glyndon Street Park. They were moved from that venue because it was deemed unsafe for the crowd. Likewise the crowd at Water's Field outgrew its safety parameters. The fire marshall needs to answer for allowing the crowd so close to the explosives. Also recall that the fireworks were secured with "duct tape" according to some reports.

I cannot wait. This guy is going to rip Jane and the other idiots on the TC a new one.

"but it was their personal decision to stand so close to where the fireworks were launched"

The misfired mortar went over the heads of people in the crowd and landed on the victims who were sitting no where near the launch site. They were sitting well behind where the the town and fire marshals had roped off the launch site.

The Town and the Fire Marshal deemed the spot safe to sit. They made a poor error in judgment and they (obviously) will pay for it.

I guess if the victims have no qualm with the town because they chose to be there the same could be said about a person struck crossing the street.

The Town of Vienna IS HIDING INFORMATION, AND IS NOT BEING OPEN AND HONEST ABOUT WHAT REALLY HAPPENED... I heard from a highly paid town employee, that the person who had organized this years event was the first time they had done so, and this was voiced and even bragged about at a town council meeting prior to the mishap. But will the town answer any questions regarding this? No, they actually lied and said they said no such thing. Golly, I wished the meetings were taped... does anyone know if they have this meeting taped out there? it would have been the TC meeting prior to the 4thof July Fireworks display? Please post if you have any information. Also, in regardsto the liability if the town for the injuries, you canb bet your bottom dollar that there will be more suits, and the town is indeed liable for their injuried, simply because they did know that the people were watching and veiwing the show at a distance that any professional fireperson or official would have known from past years experience and past events and past mishaps. They NEVER should have had families sitting as close as they were without any other means to prevent this type of mishap leading to injury from happening. They cannot argue that they didn't know that this could happen...that's like arguing that you have a mean dog in your yard, and you never thought the dog would bite a child who came to close to the dog. Now if that dog was inside and locked up, and someone enetered the house univited, that would be a different story, but the Town did know that these people were way too close to prevent serious injury or death from a fireworks mishap, no matter where they bought the fireworks from.

REgarding: The misfired mortar went over the heads of people in the crowd and landed on the victims who were sitting no where near the launch site. They were sitting well behind where the the town and fire marshals had roped off the launch site. This is irrelvent, at the distance the fireworks landed, it was unsafe. I grew up near McLean, and we would drive out to a farmers field beyond Great Falls to view Fireworks, and we always were seated no closer than about a mile from the missile launch site.

As a friend of one of the victims, I can say that the only support they received from the Town of Vienna was one voicemail from the mayor expressing her concern. So, very unlikely that any medical bills were paid for by the town.