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New lawsuit alleges Magic in the Sky tested fireworks at warehouse facility where 4 died

By Marie Edinger
Published  May 9, 2023 11:24pm EDT
News
FOX 35 Orlando

New lawsuit filed against Magic in the Sky

Just over five months ago, a warehouse in Orange County that was being used to store fireworks caught on fire, killing four people and critically injuring another.

ORANGE COUNTY, Fla. - Just over five months ago, a warehouse in Orange County that was being used to store fireworks caught on fire, killing four people and critically injuring another.

A lawsuit just filed sheds new light on what may have happened that day.  The lawsuit claims Magic in the Sky was testing fireworks at the warehouse, and that it "ignited fireworks that killed four people" and critically injured a fifth.

Surviving victim Lindsey Tallafus’ family told FOX 35 they’d never heard of anything like that. Amy Phillips, mother of victim Lindsey Phillips, said the same thing. The federal Bureau of Alcohol Tobacco Firearms and Explosives took the case over from the Florida State Fire Marshal’s office. 

Orange County District 3 Commissioner Mayra Uribe says the results of the ATF’s investigation haven’t been released yet.

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"I hope, for the families, that they do get to find out what that is, because I think it’s important," said Uribe. "At the end of the day, we lost four lives, seriously injured a fifth, and no one knows really what happened in there." 

But the lawsuit goes on to say Magic in the Sky "carelessly and negligently discharged the fireworks in such a manner and direction that the burning fragments" caught the building on fire.

Commissioner Uribe spent weeks trying to figure out how Magic in the Sky was able to operate out of that warehouse facility. This lawsuit alleges they did it by lying.

"They did not have a business license with Orange County. They were not registered. And as of today, there is no firework-registered company in Orange County," said Uribe.

Commissioner Uribe found that the company could have gotten a license with the County if it had filed for one, but that it never did so.  The lawsuit is mainly focused on a breach of contract.

The landowner, Nathan’s Properties, explains Magic in the Sky said it was using that warehouse facility as its corporate office. The lease specifically prohibits hazardous materials, including explosives.