Insurer Alleges Disney Broke Law on Fireworks

An insurer Friday accused Walt Disney Co. of violating federal law in handling experimental fireworks that exploded two years ago in Rialto, killing one worker, injuring another and showering houses with fiery debris.

In an Orange County Superior Court lawsuit, T.H.E. Insurance Co. said Disney and Pyro Display Co. of Florida never sought mandatory federal tests and permission to ship the fireworks before ordering them sent to Disney’s Florida theme parks.

T.H.E., based in Louisiana, had insured Pyro and Disney. But it contends that because the law was broken, it isn’t liable in a damage suit filed by the families of Gerald Fliedner of San Bernardino, who was killed while moving the fireworks, and his injured co-worker, Jesse Martinez.

The lawsuits say Disney and Pyro devised a new ignition system using a friction-sensitive chlorate coating on the outside of “stars” that were launched with pressurized air instead of conventional black powder charges.

Disney should have had the U.S. Department of Transportation test and approve the new fireworks, as required by law, before they were shipped, the insurer argued in its suit.

The lawsuit on behalf of the workers seeks unspecified damages, including medical costs, incidental expenses, loss of income, loss of companionship and legal fees.

Disney officials could not be reached for comment.