The family of one of the ten residents who perished in the Gabriel House Fire on July 13 has filed a wrongful death suit in Bristol County Superior Court.
The civil suit was filed on behalf of Jason Duddy, son and personal representative of the estate of 69-year-old Margaret Duddy. Listed as defendants in the suit are Gabriel Care LLC, doing business as Gabriel House Assisted Living Facility, Dennis and Karen Etzkorn as trustees and operators of Gabriel House, and Fire Systems, Inc. of Dartmouth, which provided the fire alarms and safety systems for Gabriel House and is responsible for their testing and upkeep.
Attorney Steven Sabra represents the plaintiffs and says the basis of the charges of reckless conduct and gross negligence against the owners and operators of Gabriel House stems from the operation and conditions at the facility on Oliver Street.
The suit alleges that Fire Systems, Inc. did not adequately maintain the fire suppression systems within the building.
Attorney Sabra has also filed suit on behalf of two of the survivors of the fire who suffered injuries. He says it is likely their case will be combined with others who have already filed suit.
Massachusetts law does not allow for punitive damages to be awarded in wrongful death suits unless there is proof of gross negligence, which Attorney Sabra believes is the case with Margaret Duddy. He says we will never know the suffering around her death, but the impact on those who survived will likely be long-lasting.
The Bristol County District Attorney’s Office still needs to determine if any criminal charges will be filed in the case. A preliminary report released last month pointed to the cause of the fire as being accidental, starting in a second-floor room that contained medical oxygen and smoking materials.
Attorney Sabra says the progress of the civil suits will likely take months, regardless of a settlement or if the cases go to trial.
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