Family sues governments, fireworks company after July 4 injuries in Vienna

Michael Ku and his son, Conley, were among 11 spectators hurt by a rogue mortar that tipped sideways and rocketed toward the crowd during the display's finale at Waters Field.

“There were significant injuries, both the father and the son,” Joseph Cammarata, their attorney, told The Examiner on Friday.

Conley Ku’s lawsuit, filed through his mother, Carolyn, argues that the “defendants know or should have known of the risk of harm resulting from the ultra-hazardous activity of shooting fireworks,” and that they breached an understanding that the display would be safe.

Ronks, Pa.-based Schaefer Pyrotechnics, which had put on Vienna's display for at least the past decade, was cleared of any wrongdoing by a county investigation, which pinned the mishap on a defective box of mortars from China. The Vienna Town Council this year switched to a laser light show for its upcoming Independence Day celebration.

The company’s owner, Kimmel Schaefer, in what he said was the first media interview since the incident, told The Examiner the products used in the display had been made specifically for him by a Chinese factory, which his insurance company is going to bring into the lawsuit. He said Schaefer Pyrotechnics has done 140 shows since then with no problems.

“It’s just an unfortunate incident,” he said. “It is what it is.”

Conley Ku suffered injuries that include second-degree burns to his left leg and a perforation to his right ear drum that left him with hearing loss, according to the suit, which seeks $16 million.

Michael Ku suffered severe second-degree burns to his chest, abdomen and right shoulder, as well as puncture wounds to his abdomen and pelvis that required several medical procedures to remove debris, a second lawsuit alleges.

The governments were served earlier this month with the suits, which were filed in March. A Fairfax County spokesman declined comment; a Vienna spokeswoman could not be reached.

wflook@dcexaminer.com