First wrongful death lawsuit filed against Gabriel House after fatal fire

The son of a woman who died in the fatal blaze at Gabriel House has filed a wrongful death lawsuit against the assisted living home.

Ten residents died, ranging in age from 61 to 86, and at least 30 people were injured when a late-night fire broke out in the Fall River facility last month. Investigators said they believe the fire started in a resident's room from either a failed oxygen concentrator or smoking materials.

James Duddy filed the suit Thursday in Bristol Superior Court on behalf of his mother, Margaret, who was 69 years old. The lawsuit names the facility, its owner Dennis Etzkorn and his wife, Karen.

The lawsuit asserts that the facility "owed a duty of special care to the residents of the assisted living facility who primarily consist of elderly, disabled, physically or mentally limited individuals."

The suit alleges that only two staff members were working on the night of the fire and were "inadequately trained" to safely assist residents out of the building. It also claims there were issues with the facility's emergency exits and that rules about smoking on the premises weren't properly enforced.

"We feel that in this case that the actions — or inactions — of Gabriel House were both grossly negligent and reckless," Duddy's attorney Steven P. Sabra told WBUR.

The lawsuit also names Fire Systems Inc., which it says provided alarms and fire safety equipment at Gabriel House. A group of Gabriel House's residents filed a lawsuit last month alleging the building's fire system wasn't properly installed.

Reached by phone, Etzkorn, the facility's owner, declined to comment.

Three other lawsuits from victims who survived the fire have been filed; this suit appears to be the first since the fire seeking punitive damages.

With reporting by WBUR's Patrick Madden.