FALL RIVER, Mass. — Following a tragic fire that claimed the lives of 10 individuals at the Gabriel House assisted living facility last month, a wrongful death lawsuit has been filed against the facility and its owners. Court records reveal that James Duddy initiated the legal action on behalf of his mother, Margaret, who perished in the July 13 blaze.
This lawsuit marks at least the fourth legal challenge stemming from the incident, but it stands out as the first to assert a wrongful death claim. In the complaint filed at Bristol Superior Court, Duddy argues that negligence on the part of Gabriel Care LLC, along with its staff and representatives, led to Margaret Duddy sustaining grave injuries and experiencing significant suffering before her untimely death.
The defendants named in the lawsuit include Gabriel Care LLC, facility owner Dennis Etzkorn, his wife Karen Etzkorn, who owns the land the facility occupies, and Fire Systems, Inc., the contractor responsible for the building’s fire safety systems, including its sprinklers. Notably, Duddy’s claim is the first to list Karen Etzkorn as a defendant.
Duddy’s lawsuit seeks unspecified damages, citing “gross negligence that caused this tragedy,” and requests a jury trial to hear the case. In her obituary, Margaret Duddy was remembered as a dedicated caregiver who devoted her life to serving others.
The fire, which has left many questions unanswered, is believed to have been ignited due to a malfunctioning oxygen purifier or the improper disposal of smoking materials. While the precise cause remains undetermined, officials have confirmed that the presence of oxygen in the facility exacerbated the situation significantly.
State Fire Marshal Jon M. Davine emphasized the dangers of smoking near medical oxygen. “There’s truly no safe way to smoke, but smoking is especially dangerous when home oxygen is in use,” he stated during a recent press conference. “No one should smoke around medical oxygen.”
Fire officials have not disclosed the specific location where the fire started, but they did confirm it erupted in a second-story room on the east side of the building’s U-shaped structure. The individual who resided in that unit was among those who lost their lives.
As investigations into the fire continue, the community mourns the loss of life and grapples with the circumstances surrounding this devastating event.
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