by ARI PAUL
Lawyers for the families of the two Firefighters killed in the Deutsche Bank building fire prepared litigation last week against city and state agencies alleging various procedural infractions that led to the deaths.
Cite FDNY, Firms
Firefighters Robert Beddia and Joseph Graffagnino died Aug. 18 during a blaze at the building at 130 Liberty St., right beside the World Trade Center site, which was undergoing demolition as a result of damage from the 9/11 attacks. The two separate notices of claims seek compensatory, punitive and special damages for neglect and wrongful death. They name the city and state as defendants in addition to the Office of Emergency Management and the Fire and Buildings departments. They also cite the Lower Manhattan Development Corporation and the Lower Manhattan Construction Command Center as defendants.
The text of the notices of claim reflects the long list of complaints lower Manhattan residents and the firefighter unions have made since the details of the fire have unfolded.
The Graffagnino family lawsuit accused the Fire Department of not routinely inspecting the building as it was mandated as well as asserting that city and state agencies contracted with two irresponsible firms, John Galt Corporation and Safeway, alleging that "they had shoddy safety records - including scores of violations on other jobs - and shady pasts, including reputed ties to organized crime and other questionable elements."
It also said the department failed to implement a proper emergency response plan.
"For at least two-and-a-half years, respondents ignored a steady stream of warnings calling for a unique fire plan to deal with the special challenges and hazards posed by the toxic debris in the stricken tower," the complaint stated. "Among these warnings were a series of urgent internal memos from an FDNY Battalion Chief, William Siegel. To compound the problem, respondents failed to request, obtain and circulate from the General Contractor, Bovis Lend Lease (Bovis), a contractually-mandated emergency plan that might have helped firefighters escape the sealed stairwells by cutting through the polyethylene and duct tape; kicking out removable panels in the plywood slabs; and/or squeezing through hidden trapdoors equipped with hinges."
Unions Hold Fire
Officials from the Uniformed Firefighters Association, to which Firefighters Beddia and Graffagnino belonged, did not comment on the lawsuits. For the past several months, both UFA President Steve Cassidy and Uniformed Fire Officers Association President John J. McDonnell have criticized Fire Commissioner Nicholas Scoppetta and Chief of Department Salvatore Cassano for ignoring Chief Siegel's memos and for not inspecting the building in more than a year leading up to the fire when protocol required it to do so every two weeks. Mr. Cassidy has called for Mr. Scoppetta's resignation.
Calling the Deutsche Bank building fire a tragedy, a city Law Department spokeswoman said the cases are being reviewed.
"The notices of claim mark the start of the injured and deceased's quest for justice," said John Bosco, the lawyer for and brother of Capt. Peter Bosco, one of the three fire officers who were reassigned after the Deutsche Bank building fire, whose Staten Island firm also represents firefighters injured during that fire. "We wish that the families of the Beddias and Graffigninos obtain the compensation they deserve for the injustice done unto them."
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