LANCASTER – The family of both a young woman and toddler who died in a residential structure fire in Columbia Borough in January 2020 have settled claims for survival and wrongful death against both the owner and property manager, for $42,500.
Michelle L. Hoffman (administratrix of the Estate of Cami Jo Combs) of Columbia and Austin Michael Flowers (administrator of the Estate of Callie Jo Flowers) of Marietta first filed suit in the Lancaster County Court of Common Pleas on Sept. 10 versus Ray M. Kreider of Columbia and Raymond J. Shade (a.k.a. Raymond Joseph Shade Jr.) of Manheim.
The suit explained on Jan. 4, the defendants were the owner and property manager, respectively, of a residential rental property located at 218 South 2nd Street in Columbia. The property was a two and a half-story brick exterior wood frame structure, including a full unimproved basement.
In April 2019, Kreider and Hoffman entered into a one-year lease agreement for the property, with a monthly rent total of $1,000 to be collected by Shade. Hoffman moved into the home in late April 2019, accompanied by Cami Jo Combs, 20; Callie Jo Flowers, 2; Tori Lefever, 25; Talia Rose Lefever and Talisha Arial Lefever, both 3; Charlie Combs, Cami Jo’s father, and Eric Rigglemen Jr., Cami Jo’s boyfriend.
“On the morning of Jan. 4, 2020, the plaintiff, her daughter Tori and Tori’s twin daughters prepared to leave the residence at approximately 9:15 a.m., for a scheduled doctor’s appointment concerning the minor children of Tori. On the morning of Jan. 4, 2020 and prior to leaving the residence that morning, neither Michelle L. Hoffman, nor her daughter Tori, operated the kitchen stove used for any purpose,” the suit said.
“At approximately 9:15 a.m. on Jan. 4, 2020, plaintiff, her daughter Tori Lefever and the two minor children left the residence to get into their automobile to drive to the medical appointment. At this time, Cami Jo Combs and her minor daughter Callie Jo Flowers remained sleeping in their second-floor bedroom. Prior to driving away to attend the medical appointment, Tori Lefever remembered that their pet dog had not been placed in the living room while they would be away. Tori Lefever returned into the house, sent into the kitchen area and removed from the kitchen floor a black plastic waste basket and placed it on top of the stove so the pet dog would not rummage through it during their absence. The family members then resumed their trip to the medical appointment.”
13 minutes later, the Lancaster County Wide Communications offices received a report of a residential fire in the property in question, including entrapment of persons in the building. After the Columbia Borough Fire Department arrived to the scene, it was noted that there were no smoke detectors or alarms sounding, and both Cami Jo and Callie Jo were unconscious and in cardiac arrest.
Both of them would succumb to burn injuries and smoke inhalation.
Subsequent investigation revealed that the home’s two smoke detectors did not emit any warning signals, and the suit charged the defendants with violating numerous safety and occupancy codes due to their alleged negligence in failing to correct this circumstance.
On Oct. 29, the defendants filed preliminary objections as to the complaint, stating the plaintiffs failed to properly and adequately plead their allegations of negligence, and that said allegations lacked specificity.
UPDATE
After engaging in extensive discovery related to the circumstances of the fatal fire and settlement discussions with the defense, plaintiff counsel filed a petition to settle, discontinue and end the litigation on Nov. 23, for a final amount of $42,500.
“The defendants, by and through the Goodville Insurance Company, have offered the sum of $42,500 to settle the wrongful death and survival action as to the Estate of Callie Jo Flowers. Your petitioner, with the advice and consultation of counsel, believe that it is in the best interests for the Estate of Callie Jo Flowers to accept the aforementioned settlement offer,” plaintiff counsel stated.
According to the petitioner, the settlement would be distributed as follows:
• Total Settlement Funds: $42,500
• Total Expenses: $4,793
• Total Counsel Fees: $12,556
• Total Net Settlement Funds to Plaintiff: $25,151
The plaintiffs were represented by Richard L. Orwig of Orwig Law Offices, in Wyomissing.
The defendants were represented by Michael A. Boomsma of Post & Schell, in Philadelphia.
Lancaster County Court of Common Pleas case CI-21-06251
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com