PHILADELPHIA – A Philadelphia man alleges that multiple systemic failures on the part of the City of Chester, a Chester landlord and the Philadelphia Electric Company, directly led to the death of a minor boy in a house fire two years ago.
Ralph E. Freeman (as Administrator of The Estate of Jeremiah J. Ferguson Freeman, deceased, on behalf of said decedent’s heirs-at-law and next of kin and in his own behalf) of Philadelphia filed suit in the U.S. District Court for the Eastern District of Pennsylvania on April 1 versus the City of Chester, plus Shamar Management, LLC and PECO, both also of Philadelphia.
The suit explains how prior to the subject incident, the Shamar Management defendant was targeted as a slum lord by the City of Chester’s Licenses & Inspections Department dating back to 2007 – and where the property involved in this case failed all 26 items on an inspection checklist, including for fire extinguishers, smoke detectors/alarms and sprinkler systems, among other items.
However, in spite of this failure, the property was rented out over a decade later and electricity was used at the property, despite the City refusing to issue a Certificate of Occupancy for the residence.
Furthermore, dangerous conditions existed at the property, including but not limited to, multiple appliances and electronics plugged into a power strip connected to a neighbor’s power outlet, an overcrowded circuit breaker, a faint gasoline smell, lawn maintenance machines stored on the first floor of property and a sewer backup in the basement.
“On or about April 7, 2019, decedent, Jeremiah J. Ferguson Freeman, resided at 218-220 Concord Avenue, Chester, PA, 19013. On that date, decedent, Jeremiah J. Ferguson Freeman, was inside the property, when a fire erupted inside the property due to the actions and/or inactions of defendants, Chester, Shamar Management, LLC and PECO,” the suit states.
“When police arrived at the scene on the aforesaid date, there was heavy smoke corning out of the property from various windows. Jeremiah was taken from the house to CHOP and placed on a ventilator. Jeremiah died or April 9, 2019, as a result of the injuries he sustained in the fire.”
The plaintiff alleges that the defendants “knew about these aforesaid risks and other dangerous conditions before the decedents’ accident occurred, as these risks and dangerous conditions were obvious, foreseeable, and direct harms.”
“Defendants, Chester, Shamar Management, LLC and PECO, knew or should have known that these risks and conditions created a propensity lot a fire to erupt. Defendants, Chester, Shamar Management, LLC and PECO, knew or should have known that by failing to act and/or acting in the manner that produced this result, the omissions and/or acts would result in a foreseeable and direct harm to the decedents, including fire, injury and death,” per the suit.
“As a result of defendants, Chester, Shamar Management, LLC and PECO’s actions and/or inactions in owning, maintaining, controlling, and/or supervising the property, a fire erupted and caused Jeremiah J. Ferguson Freeman, to sustain catastrophic injuries ultimately resulting in his untimely death.”
For multiple counts of negligence, violating the Fourteenth Amendment to the U.S. Constitution, survival and wrongful death, the plaintiff is seeking damages, jointly and severally, in excess of $150,000.
The plaintiff is represented by Robert N. Braker of Saltz Mongeluzzi & Bendesky, in Philadelphia.
Defendant City of Chester is represented by Nicholas A. Cummins and Michelle E. Turner of Bennett Bricklin & Saltzburg, also in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-01554
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com