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Former UConn Profs Collect $1 Million for Building Fire Injuries

Two former University of Connecticut professors have received $1 million in a settlement for injuries sustained in an apartment building fire after they claimed the building's owners failed to comply with fire codes.

David Marshall and Katherine Hill, who are married, were both injured in the fire, though Hill's injuries were much worse. According to the couple's lawyers, she suffered a permanent brain injury as a result of smoke inhalation and carbon monoxide poisoning. "There were inadequate smoke alarms or fire protection devices in the home," said plaintiffs attorney Joel Faxon, of the Faxon Law Group in New Haven. "As a result of that, [Marshall and Hill] were not alerted in enough time to get out of the premises."

The fire occurred on Aug. 7, 2012, in a six-unit apartment building on South Main Street in Willimantic. The fire rapidly grew in intensity.

To escape the intense heat and thick smoke, Marshall jumped out of the third-floor window. He believed that Hill was right behind him. Marshall landed on a fence, suffering minor injuries.

Hill, meanwhile, decided to re-enter the apartment to try to retrieve some of her personal belongings. "But she never made it back out," Faxon said.

Firefighters had to rescue Hill. Faxon said she suffered a hypoxic brain injury due to oxygen deprivation. Such an injury commonly causes physical, psychological and cognitive impairments. Hill now requires constant ongoing medical care. As such, the couple now lives in New Zealand; Hill has citizenship status there. Marshall has been appointed as Hill's co-guardian.

The couple sued the apartment building's ownership company, 62 South Street LLC. The complaint alleged negligence in that the ownership failed to perform adequate maintenance and inspections. Specifically, the lawsuit said, the owners failed to keep the windows, doors and locks in good working order; failed to ensure the building complied with all applicable building and fire codes; and failed to warn the tenants, including the plaintiffs, about these dangerous conditions.

Marshall and Hill's lawyers stated that the apartment did not contain adequate smoke detectors, fire suppression equipment or an adequate sprinkler system.

The defense pointed to the town's fire marshal, who conducted an investigation following the fire and found no fault with the maintenance of the property and exonerated the owners of wrongdoing. The defense was represented by Deborah Etlinger, of Wolf, Horowitz & Etlinger in Hartford. Etlinger did not immediately respond to an interview request.

Despite the contrasting viewpoints on the owners' liability, the two sides quickly resolved the lawsuit. Before the trial, the plaintiffs filed a $1 million offer of compromise and the defendant's insurance company accepted the offer.

"We expected a contentious defense posture by the insurance company and were pleasantly surprised when our offer of compromise was accepted," said another of the plaintiffs' lawyers, Eric Smith, also of the Faxon Law Group. "This will allow the family to move past this lawsuit with some financial security."

Faxon surmised that the defense, despite denying liability, was leery of a substantial damages award at trial, given that Hill's injuries are significant.

"We had some experts we consulted. And when a case like that goes to the jury, the exposure and the severity of the damages definitely will impact how a jury views a case," said Faxon. "I assumed that thinking was at least in part what led to the insurance company's desire to resolve the case."

Faxon noted how rare it is for the defense to accept an offer of compromise. He said he's probably only had three accepted during his entire career.

"It's very, very unusual," said Faxon. "Insurance companies rarely accept them. Unless you have an automobile death case and a $20,000 insurance policy, it's very rare to have a significant offer of compromise accepted."

Faxon said it also would have been rare to go to trial in Windham Superior Court in Putnam. "From my experience, they don't get a lot of jury trials up there," said Faxon. "It is a venue that does not produce a lot of large verdicts, I think it would be fair to say."

Before the fire, Marshall and Hill both worked at UConn's Department of Ecology and Evolutionary Biology in Storrs. He was a biologist and she was a research technician. Faxon said the settlement means the couple won't have to travel from New Zealand for a Connecticut trial. Faxon said that would have been difficult, given Hill's physical limitations, medical needs and travel restrictions.