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"So Freakin' What?!" says the Mayor

Two Families File Suit Over '07 Fireworks Accident
Fairfax Officials Had Tried to Create Larger Safety Zone, but Vienna Resisted

By Tom Jackman
The Washington Post
Friday, June 5, 2009

For several years, Fairfax County fire marshals warned Vienna officials that shooting off large fireworks in the middle of town was a bad idea and even tried to add safety regulations that would push spectators farther from the launch zone, according to town documents.

But Vienna officials successfully pushed back against new regulations and continued to stage their Fourth of July shows, the documents show. Then, in 2007, a mortar shell rocketed into a crowd surrounding the Waters Field baseball diamonds and seriously injured a group of spectators.

Two families that live just outside Vienna have sued the town and some of its officials, Fairfax County's fire marshals, the show operator, Schaefer Pyrotechnics, and the company alleged to have imported the fireworks, Huisky Trading.

"My family is still recovering from traumatic physical and psychological injuries," said Andre Hollis, whose wife and two children were injured. "For many of their wounds, there will be no full recovery."

Vienna again is fighting back. The town says it has no liability for the incident and has cross-sued Schaefer, saying it had agreed to insure the show and hold Vienna blameless. It also claims immunity as a governmental entity.

"We complied with all state, local and national standards for firing fireworks, and we would not have proceeded if that weren't true," Vienna Town Attorney Steven Briglia said. "Just because we have insurance and we feel bad somebody was hurt doesn't mean the town has an obligation."

After the 2007 incident, the Fairfax fire department, whose marshals handle inspection and permits for every fireworks show in the county, doubled the required distance between spectators and the launch site. Fire spokesman Dan Schmidt declined to discuss specific allegations in the lawsuits while they are pending but said, "Our number one priority is for the safety of the spectators."

Vienna officials staged a laser light show last year. They plan to resume fireworks this year, launching them from Southside Park, just north of Interstate 66.

The lawsuits claim that during the 2007 show, a three-inch shell skimmed just above the ground and struck Michael Ku, who was standing with his 6-year-old son, Conley. It then bounced to the ground and exploded next to Kathryn Hollis, who was sitting with her 3-year-old son, Max, in her lap and 7-year-old son, Alex, standing next to her.

According to their lawsuits, the Kus suffered severe burns, perforated eardrums and puncture wounds from the shell's debris, and the Hollises suffered disfiguring burns and traumatic brain injuries from the blast.

Vienna's fireworks show was one of six in Northern Virginia that night in which "cake boxes" of three-inch mortars exploded, launching shells at dangerous angles instead of into the sky. All the shows were run by Schaefer, of Ronks, Pa. No one was hurt at the other five shows, where spectators were much farther from the launch sites than were those in Vienna, though a shell did zip between two Schaefer employees in Fairfax City and slam into a fence, causing the rest of that show to be canceled.

Schaefer owner Kimmel Schaefer did not return a call seeking comment. The company has reported that it obtained the cake boxes, containing 25 shells each, from Huisky Trading Co. of Great Neck, N.Y.

Huisky's owner, Xin Sheng Huang, said, "We did not supply the product." He said tracking codes linked to Huisky were misused on the boxes.

One of the fire marshals named in the suits, Deputy Chief Keith Johnson, rushed into the chaos, summoned medevac helicopters and is credited by the Hollises with possibly saving Kathryn Hollis's life.

As the finger-pointing continues, Joseph Cammarata, the Kus' attorney, is angry that no one has come forward to accept responsibility and help the victims.

"If a government is responsible to its citizens," Cammarata said, "we should not have to be in a position where innocent citizens have to chase down vendors and operators. The innocent spectators should be able to be compensated without having to prove somebody did something wrong."

Vienna had hosted a fireworks show at Waters Field, just off Route 123 in the heart of the town, for more than 20 years. But starting in 2001, problems arose, sometimes because of the wind. A resident who lives near Waters Field wrote to the mayor in 2001 that "large pieces of shell cases landed on the roofs and yards," a letter produced in the lawsuits shows.

In 2002, a Fairfax fire marshal wrote that "we observed several pieces of flaming debris land on people located in this area" and that "large (4-inch) diameter shells present safety hazards for this restricted site. Shells should be restricted to three inches."

Vienna continued to use 4-inch and 3-inch shells. In 2004, Fairfax decided to increase the distance between spectators and the launch site by 30 feet per inch of shell, or 120 extra feet for a four-inch shell. The national standard is 70 feet per inch of shell.

Vienna Mayor M. Jane Seeman responded with a letter to the Fairfax Board of Supervisors, complaining that the new rule will "force the Town to significantly decrease the size and scope of the show. The Town of Vienna carries its own insurance and we feel that as long as we abide by [national fire code] standards there should not be a problem."

Fairfax backed down. Then-Fire Chief Michael P. Neuhard wrote to the board that "it was decided to leave the section Mayor Seeman referred to as it is currently written." Neuhard added that "the Town of Vienna fireworks display each Fourth of July causes the Fire Prevention Division more concern than any other site in Fairfax County," in part because of problems with "fallout (ash) raining down on the spectators."

Andre Hollis, who stayed home to help a neighbor and was not with his family members when they were hit, said: "A government has a responsibility to protect its citizens from known threats. And I stress 'known.' Because the town of Vienna's own documents show they knew of this risk for years. And when confronted with this, the mayor said, 'So what? We have insurance.' "

Briglia said the errant 3-inch shell landed about 450 feet from the launch site, more than double the national standard for 3-inch shells, but not for 4-inch shells.

"The town's position is this was a product liability issue," he said. "The fireworks that failed came from the factory sealed, and the town of Vienna cannot inspect fireworks coming in from China. . . . We're basically spectators at our own show."

Comments

So many things come to mind when reading this article. The first is hats off to Tom Jackman for some REAL reporting.
Second when I read that "Vienna officials successfully pushed back against new regulations and continued to stage their Fourth of July shows, the documents show", I wondered how much our Fire Staion Boys Club was involved in helping achieve this for the Town.
And third, it never ceases to amaze me at the callousness of the Town toward their citizens."Just because we have insurance and we feel bad somebody was hurt doesn't mean the town has an obligation."

Seeman is a pig of a human being.

Let me get this straight. Town knows there are problems for years. Seeman bellyaches for special exceptions. Kids and moms then get roasted like marsh mellows and the Vienna Town attorney grunt says the Town of Vienna has no obligation? I ask the people of Vienna, how nice do you feel this lovely morning that these two ingrates are representing US?

I sincerely hope that the Town of Vienna gets nailed on this one. One more example of their attitude towards the citizens for their own personal good.

Although I feel strongly that the courts, not the Town, should sort out liability in this terrible incident, I can't help but contrast TOV leaders' actions and statements leading up to the event to the previous post about doling out TOV raises "as a matter of civic pride."

Are ignoring safety warnings or taxing during a brutal recession to dole out raises a source of civic pride for anyone?

I am fairly new in town and have taken in this site with a grain of salt since some of it is merely namecalling, griping, and unsubstantiated claims. But this double-header really provides me insight into some of these officials' thought processes. Whether they mean well or not, they are clearly out of their league in running even a small town in the 21st century. The stakes are too high.

Is there an impeachment process, and if so would reckless disregard for citizen safety meet the threshold?

The Town's conduct does not imbue me with civic pride. I wish the plaintiffs well.

I am completely and utterly disgusted by the attitude of our "elected" officials.

While some people complain that HV has a lot of *name-calling* and *belly-aching*, I hope more people understand that it is for a good reason: our politicians are nasty, petty fools.

This may turn into a major issue. How would the Town pay for a, say, $1 million settlement -- can it borrow $1 million for 10 years or would it have to pay it all up front?

I can't see most voters cottoning to a 5% tax increase to pay for Seeman's arrogance, as opposed to maintaining ordinary civic services. These quotes from Town staff and officials are pretty damning.

Here is a tip to the injured -- get into Federal court. Vienna is part of a State that is as backwards as it comes. By and large, even if they are crooked, immoral, and dishonest, the State of VA protects elected leaders from having to testify. So the chance of dirtball Seeman having to take the stand and tell us why she did what she did is slim. They act like petty dictators, but when caught with their hand in the cookie jar claim protections. It is a really sick system and frankly a backwards 18th century court system filled with rednecks and boobs as well. Go Federal courts if you want justice!

So many things come to mind when reading this article. The first is hats off to Tom Jackman for some REAL reporting.
Second when I read that "Vienna officials successfully pushed back against new regulations and continued to stage their Fourth of July shows, the documents show", I wondered how much our Fire Station Boys Club was involved in helping achieve this for the Town.
And third, it never ceases to amaze me at the callousness of the Town toward their citizens."Just because we have insurance and we feel bad somebody was hurt doesn't mean the town has no obligation."

If anyone ever wanted a reminder why this site exists, why this site pulls no punches, why this site rips these fools to shreds on a regular basis...your reminder is here on a silver platter. What was Howard Springsteen's role in this? Mr. Fireboy loves to brag of his fire department duties but I bet we won't be hearing much from him on this one, eh?

Two things to consider...
One:

For several years, Fairfax County fire marshals warned Vienna officials that shooting off large fireworks in the middle of town was a bad idea and even tried to add safety regulations that would push spectators farther from the launch zone, according to town documents. Did you read that? They were Warned yet they knowingly allowed for people to be put in harms way, by not going by the expert advice of the Fairfax County Fire Marshall. Are we to assume that Mayor Seeman is an expert in Fire Safety?

Why did they have the Fairfax County Fire Marshall evaluate the Missile Launch Site i.e. fireworks site if they were going to ignore their expert advice? This show's how utterly stubborn and egotistical the present lot of VTC people we have.

Second:
Has anyone investigated the fact that the person who ran the fateful fireworks was a newbie: The Town Parks and Recreation Director, 703-255-6356, Cathy Salgado, spoke at a meeting to Mayor Seeman how proud she was to have a woman this year run the show, and that it was, according to Salgado, her very first time in running a fireworks show as the main organizer.

Phone calls to Cathy Salgado, after the event to investigate who this person was, and what her qualifications were, were responded to by stating she had no comment, and slamming the phone down, and then not answering her phone or responding to her voice mails. Sounds to me like they have something to hide. No person who had nothing to hide would be this rude.

Sadly, this is the way this town has been run for many. many years. Mayor Jane Seaman, thinks she can just say something stupid, and it will all go away. No real leader would be this idiotic, and no real leader would be this callous and insensitive. But Maud's happy, she can still run the show as long as her puppet, Seeman is at the helm.

Vienna deserves better, but it will take a major lawsuit and massive losses until these idiots are voted out of office. I hope it doesn't take another major or near fatal accident. I really do, because Jane Seeman and Maud Robinson don't give a damn about our safety, otherwise, they would have taken the advice of an expert Fire Marshall, and made the fireworks event safe.

Someone should investigate whether any of the people running the show at the fireworks site were drinking at the time. Of course, I suspect, they will all deny it if they were, but I saw beer bottles around the site before they started and there were empty bottles around afterward. I am not saying anything happened, but if it did, it will take a whistleblower to find the truth, because these people will lie to save their own necks. Neighbors and friends should be questioned under oath, what happened.

Does any of this have to do with why Maud Robinson decided not to run this year? Is she privy to trouble brewing in paradise, and she wants to be away from the fire when all hell catches fire? We need better investigative reporters in Vienna, we really, do. Where there's smoke, there's fire.

Here's to Thomas Jackman, from the Washignton Post, a real reporter. I hope he sticks around and sniffs under a few rocks and looks into a few closets.

P.s. Why does Brian Trompeter even try to pretend he knows anything about writing an article, especially since he won't print anything that will challenge his moral compass away from his feedbag, being that his meal ticket is Town of Vienna, and he care little to none for truth and facts in real investigative reporting.

Everyone involved must resign, the mayor, Town Council members involved, the Town Attorney. Everyone!

Shawn - TOV won't raise taxes to pay if they're found liable. Insurance will cover it - that's what Seeman was talking about when she said wasn't worried. Of course, that's a ridiculous thing for a politician to say when moms and kids (or dads, or anyone) gets burned at a fireworks display. I've been reading and posting here for a while, and I, like many others, take things here with a grain of salt, but that quote was totally absurd. Seeman is a grandmother. How would she feel if her grandkids got burned? Would she say, oh we've got insuranace, so it's not a problem? Disgusting.

Voices in Jane Seeman's head.

I WILL NOT RESIGN. I WILL BE THE MAYOR UNTIL VIENNA IS DEAD, OR I DIE, WHICHEVER COMES FIRST.

Voices in Jane Seeman's head.

I CANNOT RESIGN, MAUD WILL BE SO UNHAPPY IF I DO, AND I DON'T WANT TO MAKE HER UNHAPPY....

Voices in Jane Seeman's head.

RESIGN NO. SIT BACK AND STUBBORNLY STATE THAT I THINK THE TOWN SHOULD STAY IN THE DARK AGES, YES.

Voices in Jane Seeman's head.

MAYBE I CAN GET STEVE BUKONT TO DO MORE FREE WORK FOR ME; AFTER ALL, I AM MAYOR, AND I DESERVE SPECIAL TREATMENT AND FAVORS, AND HE DID HAVE A ROLE AS CHAIRMAN ON ONE OF THE TOWNS BOARDS AND MADE DECISION'S THAT COULD BE CONSTRUED AS A CLEAR CONFLICT OF INTEREST....

Voices in Jane Seeman's head

Shawn - TOV won't raise taxes to pay if they're found liable. Insurance will cover it - that's what Seeman was talking about when she said wasn't worried. Of course, that's a ridiculous thing for a politician to say when moms and kids (or dads, or anyone) gets burned at a fireworks display. I've been reading and posting here for a while, and I, like many others, take things here with a grain of salt, but that quote was totally absurd. Seeman is a grandmother. How would she feel if her grandkids got burned? Would she say, oh we've got insuranace, so it's not a problem? Disgusting.

The only reason people take some information on this site with a grain of salt is because they simply don't know what some people on here do know. Now, for many, you can see what many of us have known for a long time about VTC and Seeman -- awful leaders and by and large rotten people.

The TOV has a large amount of liability insurance, something that Town government used as its rationale to basically ignore fireworks hazards and other hazards. The Vienna PD is also a major league lawsuit waiting to happen, but so what? We're Mayberry and the Town Council knows best.

"A government has a responsibility to protect its citizens from known threats. And I stress 'known.' Because the town of Vienna's own documents show they knew of this risk for years. And when confronted with this, the mayor said, 'So what? We have insurance.' "

I agree a government does have a responsibility to protect citizens from known threats. Mayor Seeman is known THREAT to the citizens of TOV. SEEMAN MUST RESIGN FOR THIS ASININE STATEMENT. She is an embarrassment to all of the citizens of the Town of Vienna. Her sophomoric views and actions are a threat to all citizens.

Tractor Man 40 Year Resident

I'm disheartened by the posture of the Town of Vienna with respect to this incident. A host is always responsible for their guests! If they are unwilling to work this out because they believe they were spectators of the fireworks how would they deal with an incident at Viva Vienna? More finger pointing, I guess. When hosting an event you take on the responsibility for the outcome of that event. Where my families safety is a concern I won't be trusting Vienna events anymore!

You have insurance on your home. A tree you know was dangerous falls on your house. Will the insurance company pay for the damages?

Vienna Town Attorney Steven Briglia said. "Just because we have insurance and we feel bad somebody was hurt doesn't mean the town has an obligation."

What quality of lawyer (especially a respondent's counsel) makes a remark like that to the press? As a taxpayer in Vienna, I certainly don't want him as the town's attorney.

OK, Barry, how is the VPD a 'major league lawsuit waiting to happen?'

Forgot about the insurance -- of course the insurance issuer may insist, 'no more fireworks ever' or jack up premiums or something.

Mayberry is exactly right. Mayberry County. We pay for a bloated small town bureaucracy that has the same number of employees as a county on the North Carolina border. No one works hard and everyone goes along with the program. The Town Leadership thinks they are Sheriff Andy Taylor, when, in reality, they behave like Deputy Barney Fife.

Does everyone FINALLY get why there are complaints here about the incompetence down at Town Hall?

Do you realize that one of our new councilmembers -- Howard Springsteen -- was directly involved in the senseless disregard for safety that fateful day?

Are you all going to forgive and forget next election day?


From an AP wire story is this line:

VIENNA, Va. (AP) - The fire marshals had warned Vienna officials for several years that the annual fireworks display in the center of town was a bad idea, but the displays continued. The town says it has no liability for the incident, and the fire department declined to comment on the suit.

Take your family to a fireworks display, have the incident happen as did in Vienna, and Vienna has no liability? That is a sick posture for Vienna. Vienna citizens should feel awful that these people lead us.

Maybe Springsteen running for Council was directly related to this incident?

I believe the Fire Marshall had the authority to deny a permit to conduct the fireworks downtown Vienna. Therefore, Fairfax County should be the responsible party. They know that Vienna cannot make rational decisions and that is the negligence case against Fairfax County and the fire department. Also, we will have another incident on Rt. 66 this year and again I would fault the Fire Marashall.

Wyltn if Vienna is responsible for everything else that happens in their borders...then they sure as hell are responsible when they put on a fireworks display that they paid for!

"The town's position is this was a product liability issue," he said. "The fireworks that failed came from the factory sealed, and the town of Vienna cannot inspect fireworks coming in from China. . . . We're basically spectators at our own show."

Is this guy serious? He basically just said, "Sorry we buy our fireworks from a fine Communist country that uses perhaps kids as slave labor to assemble fireworks under a safety standard that we have no clue about BUT it is not our fault since the shrink wrap was intact!"

Dolt.

The attorney should have used the legal term, "Pig in a Poke."

I remember the thunderstorm that occurred in the late afternoon that day. The ground was soaked and we sat on plastic. What, if anything, could that have to do with the integrity of the fireworks? Aren't fireworks packaged in cardboard and paper? One more reason the fire marshal should have canceled the show.

And my favorite quote from the mayor after the accident is “It kills me to have to move them from out of Vienna".

It's the Mayberry Volunteer Fire Department in action again. What do you expect?

Re: Vienna Town Attorney Steven Briglia said. "Just because we have insurance and we feel bad somebody was hurt doesn't mean the town has an obligation."

Spoken like a true shyster.

Also, Re: Maybe Springsteen running for Council was directly related to this incident?

The way politics have been run in this town for years, this comment is not off base. This is exactly the way things have been done, it's worth looking into: Maybe he knew of some negligent act by a Vienna Fireman, or Selgado, or anyone involved with the town fireworks and he was given the VTC seat for keeping his mouth shut. I can see it happening here in Vienna, so I am not surprised that people are suspecting it and posting it here. Without proof, it only makes for an interesting plot for a movie. Maybe, if we some real leaders, we could get to the bottom of it, and see some heads roll.

The mishap was most likely due to a dangerous tip-over of large multiple tube mine and shell devices. When this happens, one has to look into how the site was prepared, and this although, still a product liability issue, also becomes an issue with negligence it how the fireworks are displayed. This puts the burden of responsibility and liability back onto the TOV, esp since they were warned that this could happen and people could be seriously hurt or killed.

In a case like this, more than likely, the Legal team(s) handling the case(s) will argue that blame lies with more than one entity: the manufacturer, the party responsible for operating the display, and anyone else who in any way shares responsibility such as the TOV, especially since they have proof that the TOV elected officials were warned that there manner in having families sit so close was a known clear threat to the safety and lives of those watching, yet the TOV continued to put their spectators in harms way but not taking the advice of the Fairfax County Fire Marshall. In product liability cases, people and governments can be successfully sued even if they claim they had never been told that a problem could have resulted in an injury, and here we have a situation where they actually knew they had a problem, yet they did nothing. That, in a court room, will get a guilty verdict. And to out salt on the wound, you add comments like Seeman and Briglia. They should resign, but they won't. Vienna deserves better.

Multiple tube mine and shell fireworks are non-reloadable multiple shot devices designed to fire shells or comets into the air sequentially when ignited by a single fuse. The lift force of these ignited shells creates a rocking motion, which can cause the firework to tip over before the last tubes fire, discharging the remaining shells horizontally. CPSC has proposed a performance standard that would reduce the tip-over hazard with large multiple tube fireworks.

Also, I for one, hate the idea that they are voting for pay raises in the middle of what we will see as one of the worst, if not the worst economic depression our younger citizens will experience. Don't you just love our Town Country Club Council! When will we learn? Are we just going to continue to take it over and over, with our knee pads on?

LOL, why should they care? They have plenty of in-surance. Mayor Jane is like Sheriff Andy, don't worry be happy. Just have Aunt Bea, er, Aunt Maudie, bake us a nice apple pie for after the Town Council meeting and we'll set a spell and talk it over.

Another great TOV idea… put-up a fireworks display right next to a heavily traveled interstate highway. Of course’ the TOV will disavow any culpability in the ensuing traffic accidents on Rt. 66 due to drivers being distracted to “look at the pretty fireworks” while going 65 MPH. What you want to bet some “creative” spectator puts his blanket down on the red “X” lane of Rt. 66 at 2:30 in the afternoon to save his viewing space; should be fun when the lane control signal turns green. And, as you might surmise, the VA State Police issues a written directive that this might not be the best idea. And, Seeman’s response is “I want fireworks damn-it”. Reminds me of that Kathy Bates movie “I’m older and I’ve got more insurance”

I can hardly believe my ears. A mayor in a major east coast metropolitan city saying things like that. I wooda expected that mentality from the Hatfields and the McCoys in the middle of a podunk know-nothing town. Why are people in Vienna so apathetic that you would put up with such imbeciles? Her family must be real proud to allow her to stay in office with the type of words comin outa her mouth. And to think, she calls herself a republican. When will Vienna get a real mayor,and not this simpleton who is nothin but a mouthpiece for Maud? Kinda makes you wonder how in hell Vienna ever got to be voted number 4 in the nation, or did the criteria include zip codes outside of Vienna-- 22180? Do these people have no shame anymore? I guess we should support the unrelenting robbing of banks with mentality like Seemans... why not, all the depositors are insured, so go ahead and rob the banks. Kill and maim innocent children and families, and render them unable to feel comfortable at a 4th of July ever again, why not, we have insurance! WOW! I Mean, what a response... she's a real winner, isn't she? She may as well as given them a quarter stick of dynamite, lit the fuse, and say, hold this while I renew the TOV insurance policy. Now, If I were the agent, and heard words like that outa seemans mouth, I would cancel their insurance, yesserreee, CANCELED IN BIG RED LETTERS. You couldn't write better fiction for the movies than whta goes for this town. Just keep it up jane you ignorant fool! You and Biden would make great bedfellows.

Another small town Republican. Did someone mention Mayberry? This garbage has been going on forever. What do you expect?

While I don't like the way the town has handled this at all with the media, in the past, or with the victims (and agree spectators have been sitting way too close for years due to fireworks debris getting on everything which is why had given up sitting close at the Vienna fireworks and sat instead closer to Maple that year), if the national standard is 70' per shell and Fairfax's recommendation is 100' per shell, this 3" shell hitting 450' from the launch site still would have most likely hit someone regardless of whether the crowds were shifted back or not. The town may still be somewhat liable since it is their event and especially since they contracted with Shaefer which is known to have had some past problems and had many problems throughout the DC area that night, but I think the main fault still lies with Shaefer and the manufacturer of the fireworks.

Steve Briglia's comments were pretty heartless. These people were hurt at a Town sponsored event. Allegedly, the Town ignored safety warnings.

Fireworks displays where they were held, were a bad idea. Period. Guess the Town should have listened to the fire mashall?

I don't agree with criticism of the VVFD. Fire fighters and EMTs deserve respect. They didn't cause this accident or contribute to it, although they certainly "got" to tend to the victims.

The Town should pay. I hope they are forced to. And they should listen to the fire marshall next time.

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