ORLANDO, Fla. – A massive fire at an Orange County fireworks warehouse one year ago killed four people and seriously injured a fifth person, and the families of the victims are still waiting for the resolution of lawsuits against the company that employed them.
The families of Landon Bourland, David Gonzalez, Lindsey Phillips and Elizabeth Tiralongo all filed separate lawsuits in March 2023 against Magic in the Sky LLC, as did fire victim Lindsey Tallafuss.
All of the lawsuits accuse Magic in the Sky of negligence in the Dec. 1, 2022, fire, claiming they violated the law because the warehouse where the fireworks were being stored and repaired was not permitted or approved and did not install property fire safety equipment.
The suits are also suing several other companies for negligence, including SeaWorld Entertainment, which contracted Magic in the Sky for its fireworks displays. In the lawsuits, the victims accuse SeaWorld of turning a blind eye to how the fireworks they were using at their Orlando theme park were being handled.
However, all of these lawsuits are currently in limbo because the insurance company for Magic in the Sky has filed its own legal complaint, which is going to mediation.
In April, underwriters at Lloyd’s London asked the court to grant an interpleader. They want the court to decide that the company will pay a little over $10.9 million to the registry of the court to handle all the claims via the lawsuits, an amount based on the terms of the insurance policy. In the complaint the company filed, attorneys for Lloyd’s say the damages sought by the defendants’ claims for potential claims will exceed the policy limits.
Lloyd’s also wants the court to stop the victims from seeking any further money from the insurance company.
Attorneys for some of the families asked the court to dismiss the insurance company’s complaint, saying it was against Florida law.
The issue is now going to mediation, which is set for Dec. 13 and Dec. 14.
It’s not entirely clear how a resolution through mediation will affect all the lawsuits going forward. News 6 has reached out to attorneys for the five families to get statements on the lawsuits and is waiting to hear back.
In the meantime, Magic in the Sky is also fighting OSHA, which is fining the company $109,375 for 12 violations related to the fire, ranging from violating “explosives and blasting agents” standards to violating “hazard communication” standards. The case is being forwarded to the Occupational Safety and Health Review Committee, but as of this writing, there are no updates on the case.
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