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At least one family who lost a daughter in a fatal Willows of Coventry apartment blaze this past winter soon will file a lawsuit, presumably against the owners of the apartment complex and possibly against Fort Wayne, according to court documents and one attorney.
Mark A. Matthes, an attorney based in Goshen representing the estate of Jennifer Spurgeon, said the time frame is not fixed but a lawsuit is in the works.
“I think there will be something in the near future,” Matthes said. “There are too many unknowns to give specifics, but something will be happening imminently. That’s the intention at this point.”
Spurgeon and her two roommates, all three college students at International Business College, died in a fire that began below their apartment Jan. 23.
The 911 recordings and documents pertaining to the fire have been withheld by the city for various reasons.
Dial Equities Inc., which owns the Willows complex, has asked a judge to force the city to release the records, essentially seeking subpoena power that would allow them access.
A document filed Aug. 25 in Allen Superior Court by the company’s attorney, though, says the company was recently informed by the family of one of the victims that “a lawsuit(s) would very likely be filed within the next thirty (30) days.”
For that reason, Dial Equities has asked the presiding judge in its records lawsuit to put proceedings on hold because if it is sued, it should get subpoena power and access to the records it already seeks. That would make the company’s lawsuit against the city unnecessary, according to court documents. “This does not mean there’s a lack of interest in securing the Fort Wayne records,” said Calvert Miller, attorney for Dial Equities. “This is merely a decision to undertake the path of least resistance since a lawsuit seems imminent.”
Miller would not name which family indicated a lawsuit was on its way. Only Matthes confirmed plans for such a suit, though he indicated that it would not be within 30 days.
A lawyer for the family of Lara Punches, also killed in the fire, said the family is weighing its options. The attorney for Renea Patton, the third victim, could not be reached for comment.
Legal counsel for the city had no objections regarding Dial Equities’ request to put the lawsuit on hold. That request has yet to be granted.
Timothy Manges, who represents Fort Wayne in the Dial Equities lawsuit, said the city continues to hold records because some are investigatory, some are protected by attorney-client privilege and others are confidential. If Dial Equities receives access to the records, they still will not become available to the public.
