Family sues fire departments for wrongful death

A tragic incident in Round Lake, Illinois, has led to a major legal action. The family of Aric Evan Tashjian McClure, who died in a fire on August 4, 2017, has filed a lawsuit against 21 local fire departments and two chief officers, alleging negligence and failure to rescue him during the blaze.

McClure, 33 years old, was trapped in his second-floor apartment when the fire broke out. Firefighters arrived just before 5 p.m., but due to the unsafe conditions, the building could not be entered immediately. His body wasn't recovered until the next morning.

The estate of McClure filed a 140-page, 52-count complaint in Lake County Circuit Court on August 2, 2018—just days before the one-year anniversary of the fire. The suit names 21 fire departments, MABAS Division 4, Fire Chief Greg Formica, Fire Marshal Tony Breuscher, the building’s owner Scott Gothann, and his son-in-law Matthew Sheppard. Both Gothann and Sheppard were reportedly working on plumbing repairs at the time the fire started.

Here are the 21 fire departments involved:

1. Greater Round Lake Fire Protection District
2. Antioch Fire Department
3. Highland Park Fire Department
4. Lincolnshire-Riverwoods Fire Department
5. Town of Salem Fire/Rescue
6. Buffalo Grove Fire Department
7. Countryside Fire Protection District
8. Libertyville Fire Department
9. Grayslake Fire Protection District
10. Barrington Countryside Fire Protection District
11. Gurnee Fire Department
12. Lake Forest Fire Department
13. Lake Villa Fire Protection District
14. Lake Zurich Fire and Rescue Department
15. Mundelein Fire Department
16. Newport Fire Protection District
17. Wauconda Fire Protection District
18. Waukegan Fire Department
19. McHenry Township Fire Protection District
20. Nunda Rural Fire Protection District
21. Spring Grove Fire Protection District

The lawsuit accuses the fire departments of negligence, wrongful death, and failure to follow standard operating procedures. Key allegations include failing to search for McClure in the area where he was last seen, ignoring repeated reports from neighbors and his mother that he was missing, and not conducting an adequate search of his second-floor apartment.

One of the most critical claims is that firefighters ignored the direct requests of McClure’s mother, Beatrice Charmian Tashjian, who told them she believed her son was still inside the burning building. Despite this, no attempt was made to reach him from the outside using ladders or other equipment.

McClure's attorney, Ronald F. Wittmeyer, Jr., stated: “I fully support the brave work firefighters do, but as citizens, we also expect that if a building catches fire, our fire department will come and try to save us—not just spray water and leave. Aric’s body wasn’t found until the next day, even though his mother repeatedly told firefighters she thought he was still in his apartment.”

This case highlights a troubling pattern of neglect in emergency response. Notably, in 2016, the Illinois Supreme Court eliminated the public duty doctrine—a key defense for fire departments—which many believe weakened accountability in such cases.

This is the second fire-related lawsuit involving an Illinois fire department this week, raising concerns about how effectively emergency services are responding to life-threatening situations.