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Jeremy P. Meyer of The Denver Post.
PUBLISHED:
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Aurora – Three people who were hurt last year during Aurora’s annual fireworks celebration have sued the city, the fireworks contractor and the fireworks manufacturer.

Cherease Berryman, James Berryman and Benadette Root filed three separate civil suits July 7 in the 18th Judicial District Court, seeking unspecified damages.

An errant firework was mistakenly shot into the crowd near Bicentennial Park on July 4, 2004, injuring six adults and three children, including the Berrymans and Root.

At the time, officials said the injuries were not serious, and the victims were treated at hospital emergency rooms and released that night.

Nevertheless, the lawsuit states the Berrymans and Root incurred “past and future economic damages,” including loss of income and “permanent disfigurement, emotional distress and impairment of quality of life.”

Lawyers for the Berrymans and Root couldn’t be reached for comment.

An investigation into the mishap revealed that about 20 minutes into the $40,000 fireworks show, a pyrotechnic exploded in its launcher before it could be fired skyward. The tube tipped over and hit an adjacent cannon, turning it onto its side.

That rocket went into the crowd gathered in the Church of Christ parking lot next to the park.

The lawsuit calls all parties negligent in the mishap.

Fire officials said revelers were kept 510 feet from the trailers, a distance that exceeded by 90 feet the national guidelines for a show that size. The rocket exploded roughly 600 feet from its launch site.

The celebration resumed this year with the same contractor running the show. No mishaps were reported.

Named parties in the suit include the city and the Aurora Fire Department; Western Enterprises Inc., the contractor, and its subsidiary, SkyWorks Ltd.; Bob Tatum, who was running the show for Western Enterprises; and the manufacturer, Wolverine Fireworks.

City Attorney Charles Richardson said other victims have been compensated by insurance.

Staff writer Jeremy Meyer can be reached at 303-820-1175 or jpmeyer@denverpost.com.

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