Showing posts with label negligence. Show all posts
Showing posts with label negligence. Show all posts

Saturday, June 2, 2012

Mother Plans to Sue City Over Fatal Blaze



STAMFORD -- The mother of three daughters killed in a Christmas morning house fire in December plans to sue the city, officials said Thursday.



Joseph Capalbo, Stamford's legal affairs director, confirmed that a Massachusetts attorney representing Madonna Badger sent a notice of intent to sue via certified mail to the city legal department and the town clerk Thursday. Capalbo said he could not comment on the contents of the notice because he hadn't seen it.



The notice was sent by Frank Corso, a personal injury attorney with offices in Boston and Rehoboth, Mass., who declined to comment Thursday afternoon.



"I'm unable to talk to you right now," Corso said, before hanging up.



Badger lost her parents and three daughters -- 9-year-old Lily and 7-year-old twins Sarah and Grace -- on Dec. 25 when a raging fire tore through her 116-year-old, three-story home on Shippan Point, an affluent waterfront community on Long Island Sound.



The notice from Badger adds to the growing collection of legal matters arising from the fatal fire.



Last month, attorneys for Matthew Badger, the estranged husband of Madonna Badger, filed a notice of intent to sue city officials for negligence in their inspections of the home before the fire. The notice further alleged that city building officials intentionally destroyed evidence when they demolished what was left of Madonna Badger's home a day after the fire.



At the time, Capalbo rebutted the claims in Matthew Badger's notice to sue and called the allegations "baseless and without merit."



In late April, an insurance company covering contractor Michael Borcina's company, Tiberias Construction, filed a lawsuit asking a New York state judge to release it from defending lawsuits and paying claims related to the fire because of alleged misrepresentations on his applications and yearly reports.



An initial investigation revealed the fire began after Borcina, a friend of Madonna Badger, cleaned out the fireplace shortly after 3 a.m., placing embers in a bag and leaving them inside a new mudroom, or just outside in an enclosed trash bin.



Borcina and Madonna Badger escaped the fire. The three girls and Madonna Badger's mother, Pauline Johnson, died from smoke inhalation. Her father, Lomer Johnson, died from blunt head trauma suffered in a fall outside a second-floor window and onto the roof.



Police and fire officials described the blaze as accidental and said no arrests were anticipated, but State's Attorney David Cohen has been reviewing an investigation of the fire since February and will make the decision whether criminal charges are filed.



A demolition crew tore the house down on Dec. 26. City Chief Building Official Robert DeMarco inspected what was left of the home with Stamford Fire Marshal Barry Callahan before declaring the building unsafe and issuing the order to have it razed.



DeMarco has said he checked with the city fire marshal's office before ordering the demolition.

Friday, June 19, 2009

Mom Arrested After Performing Voodoo Fire On Daughter

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NEW YORK (WPIX) - A Queen's mom is accused of setting her six-year-old daughter on fire in a bizarre voodoo ritual that left the girl severely burned, authorities said.

Marie Lauradin, 29, a Haitian immigrant, apparently ignored little Frantzcia Saintil's screams as flames engulfed her body during the Feb 4. ritual, Queens District Attorney Richard Brown said. Frantizcia's grandmother, 70-year-old Sylvenie Thessier, reportedly came to her aide and extinguished the flames.

Instead of taking Frantzcia to the hospital, prosecutors say the pair, instead, sent the girl to bed, where she remained for a day before relatives begged them to take the girl to the hospital.

According to court papers, when Lauradin finally sought medical assistance for her daughter, doctors determined Frantzcia had suffered second and third-degree burns covering 25% of her body, including her face torso and legs.

Lauradin, who has been in the U.S for less than a year, was charged in Queens Criminal Court with assault and endangering the welfare of a child. If convicted, she faces up to 25 years behind bars.

According to police, Lauradin sprayed a circle of rum on the floor around her daughter and lit it on fire. She then poured some alcohol on the girl's head and pushed her into the ring of flames.

Initially, Lauradin reportedly told police she was boiling rice in a pot and accidentally spilled it on her daughter.

Her attorney Jeff Cohen said she is completely innocent of the allegations.

"This is my client's only child," Cohen told the New York Daily News. "My client would not hurt her."

Thessier is facing charges of reckless endangerment and endangering the welfare of a child. She faces up to seven years in jail.

Wednesday, June 17, 2009

Woman left kids home alone to drink, police say

GASTONIA, N.C. -- A 31-year-old mother accused of leaving seven kids home alone to have drinks with friends was arrested and charged with child abuse, police say.

Shannon Sullivan was arrested Tuesday morning after police were called to her home for a welfare check.

"Yeah, it scared me when the police pulled up, but as far as a surprise, no," said neighbor Julie Allen.

Officers found seven children, ranging in age from 3 to 10-years-old, home alone in the apartment on Sims Circle. Five of the children were Sullivan's and two belonged to friends.

"A small child came to the door and they asked where the parent was. She said that the mother was gone," said M.A. Chambers with the Gastonia Police Department.

Sullivan returned home about 30 minutes after officers arrived saying she went with friends to have a few drinks, according to the Gastonia Police Department.

"Yeah, I witnessed her drinking a whole lot," Allen said.

We checked with a national database and found this is not the first time Sullivan has been in trouble. She was arrested for DUI in 1997 and in 2007 she was cited for not getting her kids to school. Both of those cases occurred in Ohio.

Sullivan is in the Gaston County Jail under $75,000 bond.

Tuesday, June 16, 2009

Queens Baby Dies After Falling into Mop Bucket at Day Care Center

Daily News- Police were investigating the death of a Queens baby who perished Monday when he fell headfirst into a mop bucket at his baby-sitter's house.

James Farrior, who would have been 1 year old next month, was declared dead at Jamaica Hospital at 11:25 a.m.

"What can I say, he was my baby? We're trying to cope," said his devastated mom, Chrisann Josiah. "We don't know what happened yet."

It was not immediately clear if James drowned or broke his neck. An autopsy will be performed today.

"I saw the firefighters bring the boy out. He was gasping for air," said neighbor Billy Casares, 41. "It's heartbreaking."

Baby-sitter Kristal Khan, 28, who normally took care of two neighborhood kids along with her small son and daughter in an informal but legal day care arrangement, was charged with endangering the welfare of a child, a misdemeanor, police said.

Police sources said Khan told cops James and her two kids, ages 3 and 4, were in the living room with the bucket when she went to fetch a mop.

When she came back, she found James had fallen headfirst into the blue 7-gallon mop bucket that was three-quarters full of water.

Neighbor Liz Rivero, 31, a mother of three, said she began to pray when she saw a firefighter running Monday morning with the baby, limp and faceup, to an ambulance waiting a block away.
"I started to cry when I saw that. I am a mom," Rivero said.

Khan and a man neighbors said was her brother were taken away for questioning.

"They looked sad," Rivero said.

At Khan's green two-story house on 108th St. in South Richmond Hill, colorful stickers on the door advertise, "Childcare, All Day, Everyday."

The operation had no permits or license, but did not require any because there were fewer than three outside kids and the caregiver was older than 18.

Neighbors said Khan is well-known and well-regarded.

"She usually takes good care of the kids," said William Munoz, 40. "She's a very responsible person."

Khan's Web site says she is a married, convent-educated immigrant from Trinidad who taught elementary school for eight years and has a teacher certificate.

Because children can drown quickly and virtually silently in small amounts of water, drowning is the second leading cause of accidental death in children, after car crashes.