Excerpts from firelawblog.com:
A tragic incident that occurred last year has led to a lawsuit filed by the family of Aric Evan Tashjian McClure, who died in a fire. The case is now being pursued against 21 Illinois fire departments and two chief officers, who are accused of failing to properly rescue him during the blaze.
McClure, who was 33 years old, was trapped in a second-floor apartment in Round Lake, Illinois, on August 4, 2017. Firefighters arrived just before 5 p.m., and the fire was eventually extinguished around 8:30 p.m. However, due to the building being deemed unsafe for entry, 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 lawsuit names not only the 21 fire departments but also MABAS Division 4, Fire Chief Greg Formica, Fire Marshal Tony Breuscher, the building's owner Scott Gothann, and his son-in-law Matthew Sheppard. It’s reported that the fire broke out while they were conducting plumbing repairs on the property.
Here are the 21 fire departments involved:
- Greater Round Lake Fire Protection District
- Antioch Fire Department
- Highland Park Fire Department
- Lincolnshire-Riverwoods Fire Department
- Town of Salem Fire/Rescue
- Buffalo Grove Fire Department
- Countryside Fire Protection District
- Libertyville Fire Department
- Grayslake Fire Protection District
- Barrington Countryside Fire Protection District
- Gurnee Fire Department
- Lake Forest Fire Department
- Lake Villa Fire Protection District
- Lake Zurich Fire and Rescue Department
- Mundelein Fire Department
- Newport Fire Protection District
- Wauconda Fire Protection District
- Waukegan Fire Department
- McHenry Township Fire Protection District
- Nunda Rural Fire Protection District
- Spring Grove Fire Protection District
The lawsuit claims wrongful death and negligence, with several specific allegations against the responding fire departments. These include failure to conduct adequate searches, disregarding witness statements, and ignoring direct requests from McClure’s mother to check his apartment using available equipment like ladders.
One of the key points raised in the complaint is that firefighters allegedly failed to search the second-story apartment where McClure was last seen, despite clear warnings from neighbors and his mother. The suit argues that the departments violated their standard operating procedures by not performing a thorough search of the building before leaving the scene.
Ronald F. Wittmeyer, Jr., the attorney representing the estate, stated: “I fully support the courageous work that firefighters do, but as citizens, we also have a right to expect that if a building we’re in catches fire, our fire department will come and try to rescue us, not just spray water and go home. Aric’s body wasn’t found until the next day, even though his mother repeatedly told everyone she thought he was still inside.â€
This case highlights a growing concern about accountability in emergency response, especially when lives are lost due to potential lapses in procedure. The public duty doctrine, which could have shielded the departments from liability, was removed in Illinois in 2016 by a controversial Supreme Court decision. This is the second fire-related lawsuit this week involving an Illinois fire department over a fatality.
You can find a copy of the full complaint here: McClure v. Greater Round Lake Fire Prot District et al.
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