R.I., fire marshal ask out of lawsuit

PROVIDENCE -- A fire marshal who said he never noticed a major safety problem at a nightclub where a fire later killed 100 people can't be sued because state law shields him from liability and because he didn't ignite the blaze, his lawyers said yesterday.

Former West Warwick Fire Marshal Denis Larocque has said he never spotted flammable foam lining the walls of The Station nightclub.

Sparks from a band's pyrotechnic display ignited the foam on Feb. 20, 2003, triggering a blaze that trapped dozens of people inside the packed roadside bar. About a third of those who died were from Massachusetts.

Larocque is among dozens of defendants named in a lawsuit filed in federal court by nearly 300 fire survivors and victim's relatives. Yesterday was the deadline for defendants to file motions to get out of the case.

In addition to Larocque, the state of Rhode Island joined the growing list of defendants seeking to be dismissed from the lawsuit. The state says it bears no legal responsibility for Larocque's failure to notice the foam.

Three members of Great White, the band whose pyrotechnics triggered the blaze, made the request last week.

Last year, nightclub owners Michael and Jeffrey Derderian pleaded no contest, and former Great White tour manager Daniel Biechele pleaded guilty to involuntary manslaughter charges.