By Glenn Smith
The Post and Courier
CHARLESTON, S.C. — Fallen firefighter Mark Kelsey’s family on Wednesday became the last to file a lawsuit against the Sofa Super Store and other companies in connection with the 2007 blaze that killed nine Charleston firemen.
The wrongful-death lawsuit was filed in Charleston County on behalf of Kelsey’s estate, alleging that the companies’ negligence contributed to his death on June 18, 2007. His estate is represented by Motley Rice attorney Kevin Dean.
Lawsuits already had been filed by the families of the eight other men who died. Those families have reached settlements with several furniture makers and other companies that agreed to pay them about $8.4 million.
Kelsey’s family also recently reached settlements with those companies totaling about $800,000, bringing them in line with shares the other families received, Dean said.
Kelsey’s family opted to wait to file its lawsuit until his son, Paul, now 17, was old enough to understand the issues involved and participate in the process, Dean said.
The lawsuit is filed against the Sofa Super Store; its owners, Herb Goldstein and his family companies; Feltmann & Associates Inc.; Conklin Company Inc.; and DuPont Performance Elastomers LLC.
Sofa store attorney Richard Rosen has said the store’s owners have worked since the fire to ensure a similar tragedy never recurs.
Rosen also has argued that negligence on the city of Charleston’s part contributed to the nine deaths.
A report released in May 2008 by a city-appointed consulting panel found the actions of the Fire Department and the store contributed to the deaths.
The report described the store as a death trap, identifying its dense layout of furniture, padlocked doors and poorly maintained or marked exits.
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