Gabriel House sued by three residents for alleged negligence in deadly July fire

TAUNTON, Mass. (WLNE) — A national law firm has sued Gabriel House assisted living and North Dartmouth-based Fire Systems, Inc. on behalf of three residents who claimed they were injured in the deadly July 13 fire at the Fall River facility.

The lawsuit names Patricia Martin, Terry Young and Donna Murphey as the plaintiffs in the action.

All three were residents of Gabriel House when the fire occurred, but Murphey was not at the facility when the fire broke out.

“The new lawsuit lays out an expansive case against the facility and its owner Dennis Etzkorn, alleging they knew or should have known that residents there smoked in their rooms despite the presence of medical oxygen and that some would even smoke while being administered oxygen therapy,” said Morgan and Morgan Communications Coordinator Alexander Storer.

“According to the complaint, the State Fire Marshal has stated that the fire may have been caused by careless smoking activities.”

Regarding the naming of Fire Systems, Inc in the suit, the statement quotes Morgan and Morgan founder John Morgan and attorney Luke Mitcheson.

“Gabriel House turned into a death trap. Our lawsuit alleges the owner and the fire safety company he contracted with knew it, and yet they failed to act in time to save the facility’s vulnerable residents from death and permanent injuries,” said Morgan and Mitcheson. 

The statement alleges that the facility failed to “meaningfully enforce” its no smoking policy and that window air conditioners were too large to allow for residents to safely evacuate the building through the windows.

The firm also said that upon interviewing both residents and employees of Gabriel House, they learned that the facility had multiple alleged code violations.

They also citing allegedly inoperable smoke detectors, fire alarms and sprinkler systems, along with Gabriel House staffing and training issues.

“The fact that this facility has been able to operate under these alleged conditions for this long unchecked is appalling. We will hold all those responsible for this tragedy accountable for their alleged negligence,” said Morgan and Morgan attorney J. Ryan Will.

All three plaintiffs are seeking damages for physical injuries, mental anguish and suffering, medical expenses and others.

The firm also represents the families of two residents who died as a result of the fire and investigations into potential legal action are ongoing.

10 people have died as a result of injuries sustained in the fire.

ABC6 has reached out for comment from both Gabriel House owner Dennis Etzkorn and Fire Systems, Inc.