COMPLAINT AND JURY DEMAND. Plaintiffs Furlandare Singleton, individually, and as Administrator of the Estate of

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1 ELECTRONICALLY FILED 2013-Aug-09 14:17:37 60CV IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS DIVISION FURLANDARE SINGLETON, Individually, and as Administrator of the Estate of Dequan Singleton, Syndi Singleton, and Haylee Singleton, Decedents; and CLYDE HATCHETT, Individually, and as Administrator of the Estate of Emily Beavers, Decedent, CASE NO. JUDGE: Plaintiffs v. ARKANSAS HOUSING AUTHORITIES PROPERTY & CASUALTY SELF-INSURED FUND, INC. (specifically, the Jacksonville Housing Authority, A.K.A. The Max Howell Place Housing Projects); EVANSTON INSURANCE COMPANY, an Illinois corporation; PHIL NIX, in his individual and official capacity as Executive Director of Jacksonville Housing Authority; and JACKSONVILLE FIRE DEPARTMENT, a department of the CITY OF JACKSONVILLE ARKANSAS, Jointly and Severally and in their individual capacities; JOHN DOE(s) 1-50; and JANE DOE(s) 1-50, Defendants JOHN W. WALKER, ESQ. WILLIAM M. HATCHETT, ESQ. JOHN W. WALKER, P.A. HATCHETT, DEWALT, & HATCHETT 1723 South Broadway 485 Orchard Lake Road Little Rock, Arkansas Pontiac, Michigan COMPLAINT AND JURY DEMAND Plaintiffs Furlandare Singleton, individually, and as Administrator of the Estate of Dequan Singleton, Syndi Singleton, and Haylee Singleton, Decedents and Clyde Hatchett 1

2 individually, and as Administrator of the Estate of Emily Beavers, Decedent, by and through undersigned counsel, and for their cause of action state the following: JURISDICTION AND VENUE 1. The Plaintiffs are residents of Pulaski County, Arkansas, and the factual circumstances and wrongdoing on which the Plaintiffs claims are based occurred in Pulaski County, Arkansas. 2. This Court has in personam and subject matter jurisdiction over the persons and over the controversy involved in this litigation under Article 7 and Amendment 80, 6, Constitution of the State of Arkansas. 3. Venue is proper in this Court under and among other statutes fixing venue pursuant to Ark. Code Ann., , 102, 104, 109, 112, 115 and (Rep l 2005). 4. Jury trial is demanded and is the right of the Plaintiffs under Article 2, 7, Constitution of the State of Arkansas. PARTIES 5. Plaintiff FURLANDARE SINGLETON is a resident of Pulaski County, Arkansas. Decedents Dequan Singleton, Syndi Singleton and Haylee Singelton were residents of Pulaski County, Arkansas. 6. Plaintiff FURLANDARE SINGLETON is the duly appointed Personal Representative of the Estates of Dequan Singleton, Syndi Singleton and Haylee Singleton, with authority to file suit on behalf of the Estate of Dequan Singleton, Syndi Singleton, and Haylee Singleton. 2

3 7. Plaintiff CLYDE HATCHETT is a resident of Pulaski County, Arkansas. Decedent Emily Beavers was a resident of Pulaski County, Arkansas. 8. Plaintiff Clyde Hatchett is the duly appointed Personal Representative of the Estate of Emily Beavers, with authority to file suit on behalf of the Estate of Emily Beavers. 9. Defendant JACKSONVILLE HOUSING AUTHORITY, doing business as The Max Howell Place Housing Projects, is a business entity located at 900 N. Redmond Road, Jacksonville, AR Defendant CITY OF JACKSONVILLE is a municipality, incorporated in the State of Arkansas, and is a within the State of Arkansas. At all times relevant to this action, Defendant CITY OF JACKSONVILLE did administer and enforce the state and local laws. Defendant CITY OF JACKSONVILLE s governmental office is located at 1 Municipal Drive, Jacksonville, AR Defendant, JACKSONVILLE FIRE DEPARTMENT is a department operated by the CITY OF JACKSONVILLE, ARKANSAS. At all relevant times, the CITY OF JACKSONVILLE was an employer as defined under relevant code. CITY OF JACKSONVILLE did employ the responding officers, JOHN DOE(s) 1-50, and JANE DOE(s) Defendant EVANSTON INSURANCE COMPANY is and was at all material times a subsidiary of Markel Corporation, domiciled in Illinois. EVANSTON INSURANCE COMPANY conducts continuous and systematic business and/or contacts 3

4 in Arkansas, sufficient to satisfy the Due Process Clause and to subject it to this Court s jurisdiction. 13. Defendant PHIL NIX is and was at all material times the Executive Director of the Jacksonville Housing Authority. FACTUAL ALLEGATIONS Fire on South Simmons Street One Woman and Four Children Die from Smoke Inhalation 14. On the night of March 21, 2012 and the morning of March 22, 2012 all named Decedents were inside the Max Howell Place, Apartment 3-A, on South Simmons Street, in Jacksonville Arkansas. 15. Upon information and belief, the aforementioned apartment and all other apartments comprising the Max Howell Place were owned and managed by Defendant Jacksonville Housing Authority, a private corporation, and was also listed as part of the United States Department of Housing and Urban Development (HUD) Section 8 Program. 16. At all times referenced herein, Defendant Evanston Insurance Company insured the Apartment 3-A, South Simmons Street property. 17. On March 22, 2012, at or around 2:00 a.m., Plaintiff Furlandare Singleton shared a telephone conversation with his fiancée, Decedent Marilyn Beavers, and their children, Decedents Dequan Singleton, Syndi Singleton, Haylee Singleton, and Emily Beavers. 18. Moments after the family s 2 a.m. phone conversation, a fire ignited in Apartment 3-A, inside the Max Howell Place, on South Simmons Street. 4

5 19. Upon information and belief, the one smoke alarm/detector located in the hallway of the apartment did not sound. 20. Upon information and belief, Decedent Marilyn Beavers recognized the blaze and fought in an effort to extinguish the fire and save her children. 21. Decedent Marilyn Beavers was without aid of a fire extinguisher. 22. Decedent Marilyn Beavers suffered multiple severe burns on her hands, arms, forehead and neck from of her futile efforts to put out the fire. 23. At or around 5:50 a.m., neighbor Jennifer Gray smelled smoke and called 911. Gray resided on the other side of the subject duplex at Apartment 3-B, South Simmons Street. Jacksonville Fire Department s Deplorable Response to the Fire 24. Responding fire fighters acting as agents of Defendant Jacksonville Fire Department, and operating under the color of the law checked the interior of neighbor Gray s adjacent apartment for signs of fire, using a thermal imaging detector. 25. Responding fire fighters were not properly trained to use thermal imaging detecting equipment in the field. 26. Responding fire fighters allege that they found no signs of a fire at 3-A South Simmons Street. 27. Responding fire fighters did not perform an adequate and complete perimeter inspection during their first on-site response to the 911 call. 28. Responding fire fighters did not perform an investigation of decedent s apartment during their first on-site response to the 911 call. 5

6 29. Upon information and belief, at least one of the responding officers knocked on the decedent s front door. Despite receiving no answer and noticing Decedent Marilyn Beaver s vehicle parked in the carport, the fire fighters made no further attempt to gain entry to decedent s residence. 30. During the fire fighter s first on-site response to the 911 call, visible signs of smoke appeared on at least one of the front windows of the decedent s apartment. 31. During the fire fighter s first on-site response to the 911 call, multiple large pieces of glass from the kitchen window of the decedent s apartment could be found on the ground. 32. During the fire fighter s first on-site response to the 911 call, burn marks were visible on the outside roofing, to include the edges, of the decedent s apartment. 33. Notwithstanding the aforementioned obvious signs of fire, the responding fire fighters subsequently left the scene without performing a complete perimeter and interior investigation of the decedent s home. 34. At or around 7:35 a.m., two maintenance men, Bobby Snow and Thomas Vanhoveln agents of Defendant Jacksonville Housing Authority noticed evidence of smoke near the back of an eaves trough, along the exterior of Decedents apartment structure. 35. Upon observing evidence of smoke, Snow and Vanhoveln gained access to Decedents apartment unit with an electric drill and a pass key. 6

7 36. Once inside Apartment 3-A, Snow and Vanhoveln observed fire damage and the bodies of the five Decedents, non-responsive. Snow and Vanhoveln immediately called Responding officers found Decedent Marilyn Beavers lying on her back with Decedent Haylee Singleton cradled to her chest, Decedents Dequan Singleton and Emily Beavers in a bedroom together, next to one another, and Decedent Syndi Singleton lying in her bed, face down. 38. At or around 10:08 a.m., Pulaski County Coroner Gerone Hobbs pronounced all five persons dead on the scene. 39. Coroner Hobbs was unable to determine the approximate time of death for each decedent but all Decedent s suffered from smoke inhalation, the cause of death for each Decedent. STATE COUNT I NEGLIGENCE FAILURE TO SUPERVISE AS TO DEFENDANT JACKSONVILLE FIRE DEPARTMENT 40. Plaintiffs repeat and incorporate herein the allegations of paragraphs 1 through All firefighters involved, acting as employees and agents of Defendant Jacksonville Fire Department, were grossly negligent in their duties which resulted in outrageous torts including Decedents untimely deaths and Plaintiffs damages. 7

8 42. Defendant Jacksonville Fire Department owed the highest duty of care to all Decedents which included a duty to properly inspect the perimeter of the property for indications of smoke and/or fire and warn of all hazards. 43. Defendant Jacksonville Fire Department was negligent in its duty to properly supervise the firefighters that responded to the 911 call, as responding firefighters failed to investigate the full exterior of the decedent s apartment unit, as well as the interior. 44. As a direct and proximate result of said acts, Decedents suffered fatal injuries, conscious pain and suffering, fear of impending death, mental anguish and ultimately their deaths. Plaintiffs Furlandare Singleton and Clyde Hatchett also suffered loss of companionship, loss of services of the deceased minors during their minority, mental anguish in the past and in the future as a result of the deaths of Decedents, and the value of the life of loss of all Decedents. STATE COUNT II NEGLIGENCE AS TO DEFENDANTS NIX, JACKSONVILLE HOUSING AUTHORITY AND EVANSTON INSURANCE COMPANY 45. Plaintiffs repeat and incorporate herein the allegations of paragraphs 1 through Defendants Nix, Jacksonville Housing Authority, and Evanston Insurance Company had a duty to ensure statutory, regulatory, and procedural compliance with government standards regarding public housing in Jacksonville, Arkansas. 8

9 47. Defendants Nix, Jacksonville Housing Authority, and Evanston Insurance Company breached their duty when they failed to ensure properly working and accessible smoke alarms/detectors were properly installed in Decedents apartment unit. 48. As a direct and proximate result of said acts, Decedents suffered fatal injuries, conscious pain and suffering, mental anguish, fear of impending death, and ultimately their deaths. Plaintiffs Furlandare Singleton and Clyde Hatchett also suffered loss of companionship, loss of services of the deceased minors during their minority, mental anguish in the past and in the future as a result of the deaths of Decedents, and the value of life loss of all Decedents. STATE COUNT III WRONGFUL DEATH AS TO ALL DEFENDANTS 49. Plaintiffs repeat and incorporate herein the allegations of paragraphs 1 through As a result of Defendants negligent acts and/or omissions, Plaintiffs allege claims for wrongful death, pursuant to ARK. CODE ANN Pursuant to the Act, the wrongful death beneficiaries of Decedents include: Furlandare Singleton, father of Decedents Dequan Singleton, Syndi Singleton, Haylee Singleton; and Clyde Hatchett, father of Decedent Emily Beavers. 52. Such beneficiaries are entitled to compensation for the wrongful death of Decedents resulting from Defendants negligence, in amounts exceeding that which is necessary to establish federal diversity jurisdiction. 9

10 STATE COUNT IV SURVIVAL DAMAGES AS TO ALL DEFENDANTS 53. Plaintiffs repeat and incorporate herein the allegations of paragraphs 1 through As a result of Defendants negligence, a survival claim on behalf of Decedents estates exist pursuant to ARK. CODE ANN As a result of Defendants joint negligence, Decedents suffered pain, mental anguish and ultimately death. 56. Damages are in excess of the amount necessary to establish subject matter jurisdiction. STATE COUNT V PREMISES LIABILITY AS TO DEFENDANTS NIX, JACKSONVILLE HOUSING AUTHORITY AND EVANSTON INSURANCE COMPANY 57. Plaintiffs repeat and incorporate herein the allegations of paragraphs 1 through Defendants Nix and Jacksonville Housing Authority as property owner of decedent s apartment had a general duty to exercise ordinary care to maintain its premises in a reasonably safe condition. 59. Defendants Nix and Jacksonville Housing Authority breached their duty when they failed to ensure properly working and accessible smoke alarms/detectors were properly installed in Decedents apartment unit. 10

11 60. As a direct and proximate result of said acts, Decedents suffered fatal injuries, conscious pain and suffering, fear of impending death, mental anguish, and ultimately their deaths. Plaintiffs Furlandare Singleton and Clyde Hatchett also suffered loss of companionship, loss of services of the deceased minors during their minority, mental anguish in the past and in the future as a result of the deaths of Decedents, and the value of life loss of all Decedents. STATE COUNT VI PUNITIVE DAMAGES AS TO DEFENDANTS NIX, JACKSONVILLE HOUSING AUTHORITY AND EVANSTON INSURANCE COMPANY 61. Plaintiffs repeat and incorporate herein the allegations of paragraphs 1 through Defendants Nix, Jacksonville Housing Authority, and Evanston Insurance Company willfully, wantonly, and with reckless disregard housed Decedents in an apartment equipped with a non-working smoke detector/alarm which ultimately resulted in their deaths. DAMAGES 63. Plaintiffs repeat and incorporate herein the allegations of paragraphs 1 through Defendants Nix, Jacksonville Housing Authority, and Evanston Insurance Company willfully, wantonly, and with reckless disregard housed Decedents in an apartment equipped with a non-working smoke detector/alarm which ultimately resulted in their deaths. 11

12 65. As a direct and proximate cause of the constitutional deprivations, and negligence suffered by Decedents, they lost their right to enjoyment of life. 66. Decedents and their statutory heirs are entitled to recover for the following damages all incurred as a result of the Defendants negligence and violation of Decedents constitutional rights: A. Compensatory damages for burial and other out-of-pocket expenses incurred and arising from Decedents fatal injuries; B. Damages for pain and suffering incurred prior to Decedents death; C. Compensatory damages for the value of any earnings lost and the present value of any earnings lost and the present value of any earnings reasonably certain to be lost in the future; D. Compensatory damages for the losses to beneficiaries sustained as a result of the fatal injuries of Decedent Marilyn Beavers and her deceased children; and E. Any and all other damages provided by law to which the estate is entitled to as a result of Decedents wrongful death. F. The beneficiaries are likewise entitled to damages for loss of life provided by law as a result of the wrongful death of Decedents and the close relationships that were lost thereof as well as any reasonable expectation of support that each would have received and the present value of such expectation. 67. Plaintiffs total compensatory damages shall be proved in evidence. 68. Plaintiffs reserve the right to amend and/or supplement this Complaint to conform to the evidence, as the case develops. 69. Plaintiffs demand a trial by jury pursuant to their rights under law. WHEREFORE, Plaintiffs request the court to grant them the following relief, jointly and severally, against the Defendants: 12

13 Date: as of dated filed A. Compensatory damages in excess of $5,000,000; B. Punitive damages in an amount sufficient to satisfy statutory requirements; C. Attorney s fees; and D. Any such further relief as this court may deem appropriate. By:/s/ John W. Walker John W. Walker - #64046 JOHN W. WALKER, P.A Broadway Little Rock, Arkansas (facsimile) johnwalkeratty@aol.com 13