PHILADELPHIA – A fatal apartment house fire in Philadelphia, which took place in January 2022 and caused the deaths of 12 people, has not only spawned a state court wrongful death lawsuit, but now a federal court civil rights lawsuit.
The families of Quinsha White, Rosalee McDonald, Destiny McDonald, Quintien Tate-McDonald, Janiyah Roberts, Natasha Wayne, Shaniece Wayne, Virginia Thomas, Tiffany Robinson, Taniesha Robinson, DeKwan Robinson and J’Kwan Robinson filed suit on Jan. 4 in the U.S. District Court for the Eastern District of Pennsylvania versus the Philadelphia Housing Authority, the Philadelphia Department of Human Services and a dozen separate officials from those organizations.
The lawsuit claims that the PHA and DHS collectively violated the victims’ constitutional right to health and safety, due to unsafe conditions at the rowhouse that was destroyed by fire two years ago.
“Over the past year through the process of investigation and discovery we have uncovered facts giving rise to not only negligence claims but also civil rights violations which we now will pursue in this additional lawsuit in federal court to obtain full justice for the tragic losses of life in this avoidable tragedy,” said Thomas R. Kline of Kline & Specter, PC, who represents the families of eight victims among the 12 people who perished in the building owned by PHA.
The plaintiffs claim that PHA was responsible for the fire and deaths because it knew its four-bedroom apartment presented a safety hazard, due to being overcrowded with 14 residents and that the building failed to comply with all codes and regulations.
Such regulations that the property allegedly violated were that it lacked a fire escape, fire extinguishers, hard-wired and tamper-proof smoke or carbon monoxide detectors, an early detection system or a working fire suppression system.
The instant federal action alleges that PHA not only allowed the overcrowding, but that PHA maintenance workers removed the inoperable smoke detectors and said they would return to replace them.
However, the suit says, the PHA workers then falsified their own documents to indicate that smoke detectors were working – when if had they correctly noted that the smoke detectors were inoperable, PHA’s own policies would have required they be replaced within 24 hours. The suit adds that it believes DHS also violated the victims’ rights by promising to provide working smoke detectors when it recognized they were inoperable, yet did not keep its promise.
The tragic incident began when a child used a Techno Torch lighter to set fire to a Christmas tree on the second floor, trapping 13 people on the second and third floors.
In reference to the fatal fire and its aftermath, PHA Executive Vice-President Nichole L. Tillman previously offered the following statement.
“Since the tragic fire [in 2022], PHA has worked diligently to support the impacted families in ensuring that the surviving family members were supported and rehoused. PHA also partnered closely with our residents on the importance of fire safety and preventing fires at our developments. We recognize that education and partnership with our residents are key,” Tillman said.
“Accordingly, PHA has actively engaged with the Resident Advisory Board (RAB) leaders and residents to educate, remind and reinforce the importance of fire safety and the critical role residents play in ensuring safety. This included: Meetings, fire safety literature and fire drills as well encouraging residents to have in place an emergency safety plan for their families. Safety of our residents remains paramount for all of us at PHA and we will continue to collaborate with our residents, who we are privileged to serve, to educated and inform them about fire safety and prevention.”
The plaintiffs are represented by Thomas R. Kline, Aaron Dunbar, Sherrell Dandy, and Frank Mangiaracina of Kline & Specter, and additionally c/o Jordan Strokovsky of Strokovsky, LLC and Kevin Mincey of Mincey Fitzpatrick Ross, all in Philadelphia.
The defendants have not yet retained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:24-cv-00057
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com