Vol. 54 No. 9

Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to Conform to Fire Safety Standards

September 2018

Nina Brekelmans, 25, and Michael McLoughlin, 24, lived on the third floor of a residential building owned by Len Salas. Early one morning, a fire erupted on the first floor of the building. Brekelmans and McLoughlin, who were asleep when the fire began, later awoke and attempted unsuccessfully to exit the burning building. They were found dead on the third floor. Brekelmans, a Fulbright scholar, and McLoughlin, who was working to become an actuary, are survived by their parents.

The parents sued Salas, alleging that the building’s lack of operable windows, functioning fire escapes, smoke detectors, and fire extinguishers caused their children’s deaths. The plaintiffs also asserted the defendant failed to conform to the D.C. fire code, housing regulations, and other fire safety standards.

The jury awarded $15.2 million.

Citation: McLoughlin v. Salas, Nos. 2015 CA 8054 B and 2015 CA 8061 B (D.C. Super. Ct. Apr. 4, 2018).

Plaintiff counsel: AAJ members Denis Mitchell, Richard Bussey, Patrick Regan, Paul Cornoni, and Christopher Regan, all of Washington, D.C.