"Little Ole' Me Did Nothing Wrong" (Insert Sheepish Grin)

Vienna thrusts liability for injuries on fireworks firm in lawsuits
Jul 3, 2008
By William C. Flook, The Examiner

WASHINGTON -

Vienna leaders, facing two lawsuits over a July 4th fireworks disaster last year, argue the town’s contract with the pyrotechnics company hired to do the show frees the town from any liability in the incident.

Michael Ku and his son Conley were among the 11 onlookers injured when a defective box of Chinese-manufactured mortars launched into the crowd during the event’s finale at Waters Field. Both have lawsuits filed against the town, Fairfax County and Ronks, Pa.-based Schaefer Pyrotechnics.

In June court filings, the town lays responsibility for ensuring the safety of the display at the feet of Schaefer, based on their contract. Vienna claims the company is obligated under that agreement to hold the town harmless from any lawsuits or damages stemming from an accident.

Also as part of the contract, “Schaefer expressly undertook both directly and through its subcontractors to take every precaution at all times for the protection of persons and property, including Vienna’s employees and property,” the court document stated.

It continued: “Schaefer was also responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work for which it was engaged, i.e. Fourth of July fireworks show.”

Schaefer was cleared of any wrongdoing after a Fairfax County investigation of the incident. In a May 30 interview, owner Kimmel Schaefer blamed the accident on a product he had custom-ordered from a Chinese factory. He declined comment on Wednesday.

A Fairfax County spokesman and Vienna spokeswoman also declined comment, citing policies on pending litigation. The Kus’ attorney, Joseph Cammarata, could not be reached.

The lawsuits, filed in March, each allege the victims suffered serious injuries during the mishap. Conley Ku’s injuries included second-degree burns to his leg and a perforated right ear drum that left him with hearing loss. Michael Ku suffered second-degree burns to his chest, abdomen and shoulder, as well as puncture wounds to his abdomen and pelvis.

Vienna will conduct a laser light show this Independence Day as a result of the accident.

wflook@dcexaminer.com