Families of construction workers killed in SouthPark fire file lawsuits against companies involved in project
CHARLOTTE, N.C. (QUEEN CITY NEWS) — The families of the two men killed in the SouthPark fire last May filed a lawsuit against the development and construction companies involved in the project.
The wrongful death lawsuit was filed Thursday through the U.S. District Court for the Western District of North Carolina, seeking $50,000 for each family. In it, the estates of construction workers Demonte Sherrill and Reuben Holmes claim “willful and wanton disregard and violations” of the laws and requirements regarding fire prevention and fire safety on construction sites. The May 18, 2023, 5-Alarm fire took place at the site of Modera South Park on Liberty Row Drive.
The bodies of Sherrill and Holmes were found the next day.
The suit states the alleged violations impeded firefighter rescue efforts and thwarted fire suppression efforts, thus allowing the fire to spread, until it killed the two workers.
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The defendants include Mill Creek Residential, SouthPark Charlotte Apartments, MCRT Carolinas Construction LLC (Modera South Park), MCRT Carolinas LLC, Mill Creek Residential Services LLC and Kentucky Overhead Door Inc. (Baker Insulation).
Two of the companies already have been involved in litigation related to the blaze. Modera South Park ($46,875) and Baker Insulation ($6,250), reached settlements in January with the N.C. Department of Labor for reportedly violating several fire codes. Baker is the contractor that provided the spray foam for the apartment construction.
Developer Mill Creek is accused of understanding that building “podium-style apartments” using primarily wood construction over a concrete podium were vulnerable to fire during construction, yet still proceeded using that approach on the Modera South Park project. The company would’ve known that such a fire could spread more rapidly than apartments comprised of other, less flammable materials, the suit states.
The developers also are accused of not establishing a warning system to alert workers of a fire or another emergency. Nor was there an approved emergency telephone facility.
There were reportedly fire sprinklers installed at the site, but the plaintiff says they were not approval by the Charlotte Fire Department. However, the system in either of the two buildings was not operational at the time of the fire.
The developers were required to comply with the 2018 North Carolina Building Code in connection with the construction of the project, and before construction.
Of the $50,000 sought for each family, $25,000 are for punitive damages and the rest for compensatory. Potential beneficiaries from the suit are Sherrill’s three children, ages 10, 13 and 15; and Holmes’ mother.
The Charlotte Fire Department determined the blaze began in a trailer on the first floor of the building. Investigators determined multiple accidental heat sources were inside the trailer.
As the fire was being doused, firefighters were able to rescue 15 people who were trapped inside the apartment building, including one worker who was stuck 210 feet above ground in a crane.
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