Family sues fire departments for wrongful death

A tragic incident that occurred last year has led to a significant legal action. The family of Aric Evan Tashjian McClure, who died in a fire, has filed a lawsuit against 21 Illinois fire departments and two chief officers, alleging that they failed to rescue him during the blaze. McClure, 33, was trapped in a second-floor apartment in Round Lake, Illinois, on August 4, 2017, and did not survive the fire.

Firefighters arrived at the scene just before 5 p.m., and the fire was fully extinguished by around 8:30 p.m. However, due to the building being deemed too dangerous to enter, McClure's 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 defendants include 21 fire departments, MABAS Division 4, Fire Chief Greg Formica, and Fire Marshal Tony Breuscher from the Greater Round Lake Fire Protection District. Also named are the building’s owner, Scott Gothann, and his son-in-law, Matthew Sheppard, who were reportedly doing plumbing work when the fire broke out.

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 claims wrongful death and negligence, with specific allegations that the fire departments failed to properly search for McClure despite clear indications he was still inside. The complaint includes several key points, such as the failure to assess the area where McClure was last seen, ignoring repeated statements from neighbors and his mother, and not conducting an adequate search of the second-floor apartment.

Ronald F. Wittmeyer, the attorney representing the estate, said: “I fully support the brave work that firefighters do, but we as citizens have a right to expect that if a building we're in catches fire, our fire department will come and try to save us—not just spray water and leave. Aric’s body wasn’t even found until the next day, despite his mother repeatedly telling firefighters that she believed he was still in his second-floor apartment.”