From excerpts on firelawblog.com:
The family of a man who tragically lost his life in a fire last year has filed a lawsuit against 21 Illinois fire departments and two chief officers, alleging their failure to attempt a rescue. Aric Evan Tashjian McClure perished in the blaze on August 4, 2017, which trapped him inside a second-floor apartment in Round Lake, Illinois. He was just 33 years old.
Emergency responders arrived at the scene shortly before 5 p.m., and the fire was finally extinguished around 8:30 p.m. However, due to the building being deemed too hazardous to enter immediately, McClure's remains weren't recovered until the following morning.
McClure's estate filed the 140-page, 52-count complaint in Lake County Circuit Court on August 2, 2018—just before the first anniversary of the tragic event. The defendants named in the lawsuit include 21 fire departments, MABAS Division 4, Fire Chief Greg Formica and Fire Marshal Tony Breuscher of the Greater Round Lake Fire Protection District, the property owner Scott Gothann, and Gothann's son-in-law, Matthew Sheppard. Gothann and Sheppard were reportedly conducting plumbing repairs at the building when the fire erupted.
Here's the list of the 21 departments involved:
1. Greater Round Lake Fire Protection District
2. Antioch Fire Department
3. Highland Park Fire Department
4. Lincolnshire-Riverwoods Fire Department
5. Town of Salem Fire/Rescue
6. Buffalo Grove Fire Department
7. Countryside Fire Protection District
8. Libertyville Fire Department
9. Grayslake Fire Protection District
10. Barrington Countryside Fire Protection District
11. Gurnee Fire Department
12. Lake Forest Fire Department
13. Lake Villa Fire Protection District
14. Lake Zurich Fire and Rescue Department
15. Mundelein Fire Department
16. Newport Fire Protection District
17. Wauconda Fire Protection District
18. Waukegan Fire Department
19. McHenry Township Fire Protection District
20. Nunda Rural Fire Protection District,
21. Spring Grove Fire Protection District
The suit claims wrongful death and negligence. Key points from the complaint include:
- Violating basic training protocols by failing to assess areas where McClure might be trapped.
- Ignoring numerous reports from neighbors and family members stating he was last seen in his apartment.
- Failing to conduct a proper primary search of the building, especially the second-floor unit.
- Not attempting an external search using ladders to reach second-story windows.
- Neglecting to break windows and use tools to check for survivors inside.
- Disregarding direct requests from McClure's mother to use a ladder to reach his bedroom window.
- Leaving the scene without thoroughly searching the entire building.
Ronald F. Wittmeyer, Jr., the attorney representing the estate, stated:
"I deeply respect the bravery of firefighters, but citizens deserve assurance that if we're caught in a fire, our fire department will do everything possible to save us—not merely extinguish the flames and leave. Aric McClure's body wasn’t found until the next day. His mother repeatedly told anyone listening that she believed her son was still asleep in his second-floor apartment."
A copy of the complaint can be accessed here: [McClure v. Greater Round Lake Fire Prot District et al].
Interestingly, one of the strongest legal defenses for fire departments—the public duty doctrine—was abolished in Illinois in 2016 by a controversial ruling from the state's Supreme Court. More details on that decision are available here. Notably, this marks the second fire-related lawsuit I've encountered this week involving an Illinois fire department and a fatality.
As someone who follows these cases closely, it's disheartening to see such incidents continue to unfold. The loss of life in situations like these is always tragic, and holding departments accountable is crucial for ensuring better safety measures moving forward.
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