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By Caren Benjamin Review-Journal
The family of three children killed in a 1994 North Las Vegas house fire has reached a $15 million settlement with the companies it claims manufactured faulty products that led to the tragedy, an attorney said Tuesday. Although the amount of the settlement is public, the agreement requires that the parties disclose neither the names of the defendants who will pay nor the amounts for which each company is responsible. The personal injury and wrongful death lawsuit filed by Marie Rhodes and other family members in the summer of 1994 alleged that the fire was started by a faulty space heater. The fire smoldered unbeknown to anyone in the house because of problems with smoke and heat detectors, according to the lawsuit. By the time family members became aware of the fire, they had become virtual prisoners "because the security bars on doors and windows in the residence did not have safety releases," according to Rhodes' attorneys, Randall Mainor and Robert Cottle. Court documents show the companies initially sued were U.S. Safety and Engineering Corp., which distributed the heat detectors; Rival Manufacturing Inc., which made the space heater; First Alert Inc., which manufactured the smoke detector; Emhart Inc., which manufactured the heat detector; and Artistic Iron Works Inc., which manufactured and installed the metal bars. Five children were sleeping at a family get-together at Rhodes' 2632 N. Carroll St. home when the fire erupted the night of Jan. 29. Two of Rhodes' grandchildren, Crystal Culverson, 8, and Rayshawn Rhodes, 7, and her nephew, Dominic Thomas, 8, died in the fire. Later, more than 200 people attended their funeral services. Silvester and Matthew Rhodes, ages 8 and 6, respectively, at the time of the fire, were seriously injured and are still undergoing medical care, Mainor said. Marie Rhodes, now 60, has spent more than $1 million on medical care, according to her lawyers. She attempted to shield the children from the flames as a police officer tried to break into her home. She suffered third- and fourth-degree burns over 60 percent of her body. She also lost an arm as the result of the fire.
The family is still dealing with the trauma of the fire and would prefer not to talk to the media about what happened, Mainor said. The case was settled late Monday night, just hours before jury selection was to begin for the liability section of the trial before District Judge Stephen Huffaker. In court documents, the companies being sued questioned whether they could be held responsible for the grandmother's decision to let the children sleep close to the space heater and then keep the key to the safety bars in her bedroom, preventing her from reaching them after flames broke out. "We are pleased the litigation has come to an end and I wish the Rhodes family well," said Carri Hanlon, attorney for U.S. Safety. "The settlement should not be construed as an admission of liability on behalf of U.S. Safety and Engineering." Attorney David Clayson, who represents First Alert, declined to comment, citing the confidentiality agreement. He did, however, note that "the North Las Vegas Fire Department did not even find our product at the scene." Attorneys for the other companies did not return phone calls Tuesday requesting comment. "I'm very pleased that we have been able to help this family receive the financial assistance that they'll get through this settlement because there are still ongoing medical and psychological needs for these children, particularly, and grandma as well," Mainor said. "This case is a holocaust," Mainor said, adding that the Rhodes story is a good example of why Nevada should not change its law and restrict possible damages for personal injury. "If there ever was a case that speaks of the foolishness of caps on human pain suffering, this would be the case," he said.
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