The suit was filed Thursday by Barbara Ellington, the last surviving daughter of Dorothy Carpenter, the lone resident who died in the fire.
Ellington’s lawsuit is the first to claim negligence by Columbia County as well as individual employees, including the county’s fire marshal Brian Clark, battalion chief Jimmie Paschal, special operations chief Danny Kuhlmann, Capt. Gary Griffith and Lt. Jamie Champion.
Other defendants named in the suit are the retirement community’s parent company, Resorts Lifestyle Communities Inc.; facility builder Cameron General Contractors Inc.; Goodman Co. LP; property manager Chris Bryde; and night concierge Zackery Freehof.
The suit makes several claims of negligence against Bryde and Freehof, including allegations that Carpenter was placed on a third-floor apartment even though it was known by the staff that the 91-year-old woman had “certain physical and mental limitations” and could not evacuate on her own.
The suit also addresses the controversial “shelter in place” policy given to the residents, in addition to concerns told to the facility’s operators by Paul Bilodeau, whose mother was a resident, that the policy was unsafe.
The suit alleges that had Bryde been truthful with informing Clark about some residents’ inability to evacuate on their own, additional safety requirements would have been imposed.
The suit claims that Freehof and Bryde failed to notify the fire department 17 minutes after the fire started in the billiard room on the third floor, silenced the alarm five times and told residents to stay in their rooms “as they downplayed and minimized the danger of the fire that was rapidly spreading throughout Marshall Square complex.”
The allegations against Clark declare that a certificate of occupancy should have never been issued in 2014 when the facility opened, saying five violations of the fire code were discovered and left unchecked inside the facility six months before the fire occurred June 2, 2015.
The lawsuit also alleges negligence on the parts of Kuhlmann, Griffith, Paschal and Champion on the night of the fire, claiming that proper guidelines for primary searches, evacuations and other policies were not followed, including failure to call for additional resources.
Kuhlmann and Bryde turned off the sprinkler system less than an hour after the blaze began and “negligently assumed the fire was not serious and was under control,” the lawsuit states.
An outline of what happened to Carpenter is included in the filing. It states that she waited for an announcement over the intercom in her apartment, unaware that the system “was not even capable of carrying voice announcements, only music.”
The suit calls Carpenter’s death “negligent homicide” and says she “suffered unimaginable physical and mental pain and suffering, disfigurement and ultimately death by fire.”
Ellington’s lawsuit states that it is related to two other suits filed by former residents Rheda Cadle and Charles and Margaret Moye, which are still pending in Columbia County Superior Court.
The filing is one of a long line of negligence suits since the fire, which was ruled accidental in March by state Insurance and Safety Fire Commissioner Ralph Hudgens.
The blaze originated near an air-conditioning unit in a third-floor billiard room inside the $27 million complex.
Several firefighters, including Champion, were praised for their work in responding to the blaze, including finding Cadle huddled in her bathroom under wet towels about seven hours after she was unaccounted for and believed to be dead.
A Columbia County spokeswoman would not comment on the lawsuit Thursday.
Source: chronicle.augusta.com
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