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Fall River Lawsuit

The document is a legal complaint filed by Alvaro Vieira against Gabriel Care, LLC, Dennis A. Etzkorn, and Fire Systems, Inc., stemming from a deadly fire at an assisted living facility in Fall River, Massachusetts, on July 13, 2025, which resulted in multiple fatalities and injuries. The complaint alleges negligence and violations of safety regulations by the defendants, including failures in fire safety systems, emergency preparedness, and proper care for residents. The plaintiff seeks damages for bodily injury and property damage caused by the defendants' actions and inactions leading to the fire incident.

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2K views28 pages

Fall River Lawsuit

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COMMONWEALTH OF MASSACHUSETTS

BRISTOL, SS SUPERIOR COURT DEPARTMENT

CIVIL ACTION NO:
__________________________________________
ALVARO VIEIRA )
Plaintiff )
)
v. )
)
GABRIEL CARE, LLC d/b/a GABRIEL HOUSE )
ASSISTED LIVING RESIDENCE, )
DENNIS A. ETZKORN, and )
FIRE SYSTEMS, INC., )
Defendants )
__________________________________________)

COMPLAINT & DEMAND FOR JURY TRIAL

Now comes plaintiff by and through undersigned counsel and for the causes of action

pled herein against Defendants, Gabriel Care, LLC d/b/a Gabriel House Assisted Living

Residence (hereinafter "Gabriel House"), Dennis A. Etzkorn (hereinafter "Etzkorn"), and Fire

Systems, Inc. (hereinafter "Fire Systems") and states and alleges the following:

1. This is a civil action for bodily injury and property damage resulting from the negligence of

the Defendants, their violations of statutory and regulatory duties, and disregard for the

residents receiving care, which caused and contributed to the occurrence of a dangerous,

destructive, and deadly fire at an assisted living facility in Fall River, Massachusetts on

July 13, 2025.

2. The ensuing investigation of this fire revealed egregious violations by the Defendants –

namely the facility, its agents, representatives, and employees, and its provider of fire alarm

and life safety systems.

3. The fire investigation further exposed widespread failures of building equipment and

systems, including but not limited to mechanical, early warning, life safety, fire
suppression, and emergency egress, which individually and collectively constituted

violations of state codes, licensing regulations, industry standards, and the applicable

common law standard of care.

PARTIES

4. At all times material hereto, plaintiff was an adult resident of Bristol County,

Massachusetts, as a “resident receiving care” at the Property, meaning he was contractually

eligible for residence and/or care and in fact was residing at and receiving care at Gabriel

House as of July 13, 2025.

5. At all times material hereto, Gabriel House was a domestic Limited Liability Company in

Massachusetts and doing business at the Property – to wit, Gabriel House conducted

business and held itself out as Gabriel House Assisted Living Residence, offering

residential housing and care to an aging population, specifically enabling individuals to

"live independently while feeling secure in the knowledge that help is there when you need

it". Gabriel House boasted on its website that its "staff is awake and available 24 hours a

day. If an emergency occurs, no matter the time, there will be someone ready to help."

6. At all times material hereto, Dennis A. Etzkorn was an adult resident of Massachusetts and

was the manager, signatory, and registered agent for Etzkorn.

7. Etzkorn resides at 10 Trailside Road, Medfield, Massachusetts.

8. Upon information and belief, Etzkorn, as manager, was charged with the business

operations of Gabriel House and as such was responsible for implementing policies,

procedures, protocols, staffing determinations, resource allocations.

9. At all times material hereto, Fire Systems was a domestic for-profit Corporation in

Massachusetts with a principal place of business at 955 Reed Road, North Dartmouth,

Massachusetts.

10. Upon information and belief, Fire Systems was the provider of fire alarms and life safety

systems for Gabriel House, inspected Gabriel House to ensure operation and compliance of

its fire alarms and life safety systems, and maintained said equipment for the benefit of

Gabriel House and its residents receiving care.

11. At all times material hereto, Gabriel House was acting by and through its employees, actual

agents or apparent agents, or representatives and was responsible for the operation,

management, care, and maintenance of the Property.

12. At all times material hereto, Gabriel House was responsible for the whereabouts, health,

safety, physical and emotional well-being of invitees and residents receiving care including

the Plaintiff while on Property.

13. At all times material hereto, Etzkorn was individually compensated as the manager,

signatory, and registered agent for Gabriel House and was the employee, actual agent or

apparent agent, or representative of Gabriel House. Etzkorn and Gabriel House acted

within the course and scope and authority of that relationship.

14. At all times material hereto, Etzkorn was acting individually and by and through

employees, actual agents or apparent agents, or representatives and was responsible for the

operation, management, care, and maintenance of Property as well as the care and

maintenance of the residents receiving care at Gabriel House.

15. At all times material hereto, Fire Systems was acting individually and by and through

employees, actual agents or apparent agents, or representatives in the installation,

inspection, and maintenance of fire alarms and life safety systems at Gabriel House and at

the Property.

16. Fire Systems was contractually obligated and assumed a duty to ensure the operation,

management, care, and maintenance of the Property as well as the reasonable safety of the

residents receiving care at Gabriel House.

17. At all times material hereto, Fire Systems was individually compensated by Gabriel House

and/or Etzkorn and was the employee, actual agent or apparent agent, or representative of

Gabriel House and/or Etzkorn. Gabriel House and/or Etzkorn and Fire Systems acted

within the course and scope and authority of that relationship.

FACTS

18. On or about July 13, 2025, a fire occurred at Gabriel House in which 10 residents receiving

care were killed and at least 30 more were injured. At the time of the fire, Gabriel House

was home to 70 residents receiving care. Upon information and belief, there were 2 staff

members on-shift when the fire occurred.

19. According to District Attorney Thomas Quinn, III, the fire at Gabriel House represented the

greatest loss of life to fire in Massachusetts in more than 40 years. It was one of the worst

fire-related disasters in the state's modern history and an unprecedented tragedy for the

community of Fall River.

20. State Fire Marshal Jon M. Davine investigated and released preliminary findings, ruling the

cause of the fire "accidental" and "undetermined." The State Fire Marshal has opined that

the fire was more likely than not the result of careless smoking activities or the failure of an

oxygen concentrator on the second floor of the Property. State Fire Marshal Davine
believes that the presence of medical oxygen in the area of origin and in other nearby

rooms played a significant role in the fire's rapid spread.

21. At all times material hereto, Defendants knew and reasonably should have known that

many of the residents receiving care at Gabriel House were being administered oxygen.

22. At all times material hereto, Defendants knew and reasonably should have known that

many of the residents receiving care at Gabriel House smoked cigarettes, and even smoked

cigarettes while being administered oxygen.

23. At all times material hereto, Defendants knew or reasonably should have known that

smoking cigarettes while being administered oxygen constitutes an increased risk of fires

and explosions.

24. At all times material hereto, the residents receiving care at Gabriel House were suffering

the effects of advanced age, physical infirmity, and/or medical conditions which required

additional attention and care, including assistance with their mobility.

25. The residents receiving care were unable to move quickly and were limited in their

respective abilities to respond to emergency conditions.

26. At all times material hereto, Defendants knew or reasonably should have known of the

limitations possessed by the residents receiving care at Gabriel House.

27. At all times material hereto, the Gabriel House and Etzkorn had the duty and the authority,

discretion, and responsibility for the day-to-day operation and management of Gabriel

House, including those matters related to the retention, training, education, supervision and

termination of agents, representatives, and employees in furtherance of the business at the

Property.
28. At all times material hereto, Defendants had a non-delegable duty and responsibility to

ensure that the Property was reasonably safe for its foreseeable and intended uses and to

further ensure residents receiving care were also reasonably safe from foreseeable harm.

29. At all times material hereto, Defendants were required to advise, discuss, inform, counsel,

protect, and warn residents receiving care from dangerous conditions on the Property,

including fire and safety hazards.

30. At all times material hereto, Defendants owed the highest duty of care to residents

receiving care, and therefore Defendants were required to conduct regular inspections of

the Property, provide warnings, and correct any dangerous conditions before those

conditions were able to result in injury/death. Defendants were required to repair and/or

replace any missing, broken, or defective building equipment and systems, including but

not limited to mechanical, early warning, life safety, fire extinguishing and fire

suppression, and emergency egress (i.e. elevators, fire alarms, smoke detectors, fire doors,

fire sprinklers, fire pumps, fire extinguishing devices and fire suppression, and emergency

egress signs and routes), each of which were designed and intended to allow residents

receiving care to exit their residential units and the Property in the event of an emergency.

31. At all times material hereto, Defendants were required to adhere to legislation, ordinances,

building codes, housing codes, fire codes, safety codes, and licensing regulations, policies,

procedures, industry best practices to ensure the proper inspection, installation,

maintenance, testing, removal, and/or repair of building equipment and systems, including

but not limited to mechanical, early warning, life safety, fire extinguishing devices and fire

suppression, and emergency egress (i.e. elevators, fire alarms, smoke detectors, fire doors,

fire sprinklers, fire pumps, fire extinguishing device and fire suppression system, and
emergency egress signs and routes), each of which were designed and intended to allow

residents receiving care to exit their residential units and the Property in the event of an

emergency.

32. At all times material hereto, Defendants were required to comply with applicable

legislation, ordinances, building codes, housing codes, fire codes, safety codes, and

licensing regulations, policies, procedures, industry best practices and the standard of care.

33. At all times material hereto, Gabriel House and Etzkorn permitted the installation of

window air conditioners that were too large for the windows in which they were installed,

and were violative of code requirements, preventing safe egress and impeding the

evacuation of the building in emergency conditions.

34. At all times material hereto, Gabriel House and Etzkorn were required to engage in fire

drills to practice safe exit strategies for the residents receiving care at the Property.

35. At all times material hereto, staff were untrained, unprepared, and unequipped to carry out

an emergency evacuation.

36. At all times material hereto, Gabriel House and Etzkorn were required by 65 CMR 12.04 to

have an Emergency Preparedness Plan and Reporting Requirements that provided an

evacuation strategy for immediate evacuations, for such events as fires or gas leaks. The

plan was required to address the physical and cognitive needs of residents receiving care;

provide for the conducting of annual simulated evacuation drills and rehearsals for all

shifts; and provide staff training to ensure disaster and emergency preparedness by

orienting new employees at the time of employment, acquainting each such employee with

the emergency preparedness plan, and periodically reviewing the plan with all employees

to make certain that all personnel were trained to perform the tasks assigned to them.
37. Upon information and belief, Gabriel House and Etzkorn did not have an Emergency

Preparedness Plan and further failed to follow the Reporting Requirements of 65 CMR

12.04, in that employees were not trained, acquainted, or drilled to ensure disaster and

emergency preparedness.

38. In addition, residents receiving care were not individually assessed, fire drills were not

conducted by or among staff, and staff were neither assigned tasks under the plan, nor were

staff required to anticipate and prepare for the needs of residents receiving care, in the

event of an emergency; for example according to Jenn Marley, a certified nursing assistant

at Gabriel House, there were no fire drills during her time of employment at the Property.

39. The failures of Gabriel House and Etzkorn are a direct violation of state safety regulations.

40. Gabriel House and Etzkorn received financial benefits from the residents receiving care

and in exchange were required to ensure that Gabriel House, the Property, and the residents

receiving care were reasonably safe from foreseeable harm.

41. Upon information and belief, the Defendants violated the rules and regulations of the

Commonwealth of Massachusetts and its Executive Office of Elder Affairs that certifies

assisted living facilities and ensures that each facility meet specific operating standards as

outlined in 651 CMR 12.00 et seq, including but not limited to the general requirements for

assisted living residences, covering areas such as service plans, quality assurance, and

emergency preparedness that are contained in 651 CMR 12.04.

42. Upon information and belief, the Defendants failed to follow the standards associated with

NFPA 99, Health Care Facilities Code and/or had deficiencies in emergency planning,

training, and response; failed to track residents and staff during an emergency; failed to

enact and deploy emergency communications plans; and failed to reasonably develop an
emergency preparedness plan, training, and testing protocol and failed to deploy same on

the date of the subject incident.

43. At all times material hereto, Gabriel House and the Property had a broken elevator that had

not been functional for more than eight (8) months. Defendants were aware that the

elevator was broken and failed to take appropriate steps to repair it, despite receiving

multiple complaints from residents receiving care, family of the residents receiving care,

and the agents, representatives, and employees of Defendants.

44. Upon information and belief, the Defendants and the Property violated Massachusetts

regulations governing elevator construction, installation, operation, maintenance, alteration,

and repair as enacted by The Board of Elevator Regulations within the Division of

Occupational Licensure including, but not limited to those provisions codified in M.G.L. с.

143 and 524 CMR, including 524 CMR 35.00 which specifically incorporates the ASME

A17.1 safety code, and 521 CMR 28.00 which provides accessibility requirements for

elevators, ensuring they are usable by individuals with disabilities.

45. At all times material hereto, residents receiving care did not have early warning of fire and

impending danger from smoke detectors or fire alarms installed and maintained in the

proper location, number and type, and therefore did not have an opportunity for early

intervention.

46. At all times material hereto, Fire Systems was independently contracted to install, inspect,

and maintain the fire alarms and life safety systems at the Property.

47. Said equipment was meant to provide early warning of emerging dangers on the Property

and give residents receiving care the greatest opportunity to survive the dangerous effects
of fire by the activation of an alarm that sounds several minutes before smoke obscures the

available paths of egress.

48. At all times material hereto, residents receiving care including Plaintiff were not able to

egress from their residential units, and were trapped, as a result of corridors filled with

thick black smoke that prevented residents receiving care from safely egressing their

residential units and the Property.

49. Upon information and belief, the equipment installed, inspected, maintained, and certified

by Fire Systems failed to provide reasonable notice and warning of the subject fire.

50. At all times material hereto, the fire panel was improperly installed and maintained, and

therefore was not operational at the time of the subject fire.

51. Upon information and belief, the Defendants and the Property violated Massachusetts

regulations governing fire panels and the fire alarm systems in buildings as found in the

Massachusetts Comprehensive Fire Safety Code (527 CMR) and the Massachusetts

Building Code (780 CMR), which incorporates that International Building Code, and the

Massachusetts Fire Code (527 CMR, 1.00), incorporating NFPA 1, specific provisions of

NFPA 101, and NFPA 72.

52. Upon information and belief, the Defendants and the Property violated Massachusetts

regulations governing fire sprinklers as found in the Massachusetts General Laws, the

Massachusetts Building Code, and the Massachusetts Fire Code (527 CMR 1.00),

incorporating NFPA 1, specific provisions of NFPA 101 and NFPA 13.

53. Upon information and belief, Fire Systems inspected and certified in good working order

the fire sprinklers and fire pump a mere 5 days before the occurrence of the subject fire.
54. At all times material hereto, the fire sprinklers were improperly installed and maintained,

and therefore were not operational at the time of the subject fire.

55. At all times material hereto, the fire pump was improperly installed and maintained, and

therefore was not operational at the time of the subject fire.

56. At all times material hereto, residents receiving care did not have access to a properly

installed, mounted, and/or maintained fire extinguishing device/fire suppression system.

57. Upon information and belief, the Defendants and the Property violated Massachusetts

regulations governing fire pumps the Massachusetts Building Code (780 CMR), which

incorporates that International Building Code, and the Massachusetts Fire Code (527 CMR

1.00), incorporating NFPA 1, specific provisions of NFPA 101, and NFPA 20 and 25.

58. At all times material hereto, Gabriel House and the Property did not have reasonable or

adequate emergency egress signs and routes.

59. At all times material hereto, the Defendants exercised control over the maintenance,

upkeep, inspection, and/or repair of Gabriel House and the Property and as such knew or

reasonably should have known of the existing fire and safety hazards at the Property.

60. At all times material hereto, Defendants were required to make repairs and do whatever

was reasonably necessary to put and keep Gabriel House, the Property, its residential units,

and common areas in a safe, fit, and habitable condition, including removing, preventing,

or warning of conditions that cause, create, or contribute to fire and explosive hazards or

prevent early warning, early intervention, and safe egress for residents receiving care.

61. At all times material hereto, Gabriel House and Etzkorn exercised control over the creation

and enforcement of policies and procedures that would ensure the reasonable safety and

security of residents receiving care at Gabriel House and the Property.

62. At all times material hereto, Gabriel House and Etzkorn relied upon Fire Systems for

instruction, education, and training in the use of fire alarms and life safety systems, and to

ensure the reasonable safety of the Property, Gabriel House, and the residents receiving

care.

63. The subject fire and the resulting property damage, injuries, and deaths were caused, in

whole or in part, by the Defendants' individual and collective negligence, violations of

statutory and regulatory duties, and disregard for the residents receiving care.

64. Plaintiff did not cause or contribute to the occurrence of the fire and did not cause or

contribute to his injuries.

65. As a result of the Defendants' actions and failures to act with reasonable care, Plaintiff was

forced to endure ongoing and permanent pain and suffering, mental anguish, loss of the

capacity for the enjoyment of life, and the expense of hospitalization, medical and nursing

care and treatment, property damage and loss, costs associated with relocation.

CAUSES OF ACTION

COUNT I - NEGLIGENCE - GABRIEL HOUSE

66. Plaintiff realleges and incorporates by reference herein the foregoing paragraphs.

67. Defendant owed a non-delegable duty to provide the care and services appropriate to the

needs of residents receiving care.

68. Defendant negligently failed to adhere to the appropriate standard of care with respect to

(a) the operation, management, care, and maintenance of Gabriel House and the Property;

(b) the provision of care and services to residents receiving care; (c) ensuring the safety and

well-being of residents receiving care; and (d) monitoring the whereabouts and activities of

residents receiving care.

69. Defendant owed a duty of reasonable care to Plaintiff to ensure the premises were safe and

to provide adequate life safety systems.

70. Defendant negligently breached that duty by failing to maintain fire suppression systems,

train staff, and provide a safe means of egress.

71. Defendant negligently breached its duty to exercise reasonable care with regard to residents

receiving care, including but not limited to the following: (a) Defendant negligently

installed, inspected, maintained, and certified building equipment and systems, including

but not limited to mechanical, early warning, life safety, fire extinguishing and fire

suppression, and emergency egress (i.e. elevators, fire alarms, smoke detectors, fire doors,

fire sprinklers, fire pumps, fire extinguishing devices and fire suppression, and emergency

egress signs and routes), each of which were designed and intended to allow residents

receiving care to exit their residential units and the Property in the event of an emergency;

(b) Defendant negligently advised, discussed, informed, counseled, protected, and warned

residents receiving care from dangerous conditions on the Property, including fire and

safety hazards; (c) Defendant negligently failed to adhere to legislation, ordinances,

building codes, housing codes, fire codes, safety codes, and licensing regulations; (d)

Defendant negligently failed to enact and enforce policies, procedures, and industry best

practices for the benefit of residents receiving care; (e) Defendant negligently selected,

hired, employed, educated, and trained its agents, employees, and representatives; (f)

Defendant negligently failed to educate, train, and warn its agents, employees, and

representatives regarding the industry-wide risk associated with smoking while receiving

oxygen therapy and/or in proximity to oxygen therapy; (g) Defendant negligently failed to

educate, train, and warn its residents receiving care and the families of residents receiving
care regarding the industry-wide risk associated with smoking while receiving oxygen

therapy and/or in proximity to oxygen therapy; (h) Defendant negligently failed to adopt,

provide, and ensure strict compliance with safety protocols and standards, including a

smoking policy, for its residents receiving care, agents, employees, and representatives, as

it relates to the use of oxygen therapy and/or other flammable, explosive gases; (i)

Defendant negligently failed to adopt, provide, and ensure strict compliance with safety

protocols and standards, including a smoking policy, for its residents receiving care and the

families of residents receiving care, as it relates to the use of oxygen therapy and/or other

flammable, explosive gases; (j) before the occurrence of the subject fire, Defendant had

actual and constructive knowledge of other incidents involving smoking within Gabriel

House, and on or about the Property, while residents receiving care were being

administered or in close proximity to oxygen therapy; (k) Defendant negligently failed

enforce meaningful punishment for residents receiving care who were found smoking while

being administered oxygen, including but not limited to restricting and/or removing

residents' ability to smoke on the Property; (l) Defendant negligently failed to provide

appropriate supervision and monitoring of the residents receiving care for safe smoking

practices; (m) Defendant negligently failed to follow regulations, laws, ordinances, and

internal policies and procedures designed to ensure the safety, protection, and well-being of

residents receiving care; and (n) Defendant negligently failed to inspect and maintain

equipment related to the administration of oxygen for all residents receiving care.

72. Defendant is also responsible for the negligent and tortious acts of its agents and employees

including but not limited to Etzkorn, each of whom were acting in the course and scope of

their employment and in furtherance of Defendant's interests.

WHEREFORE, the Plaintiff demands judgment for damages, costs, and prejudgment and

post-judgment interest against the Defendant, and demand trial by jury of all issues so triable

and such other relief the Court deems proper.

COUNT II - NEGLIGENCE PER SE - GABRIEL HOUSE

73. Plaintiff realleges and incorporates by reference herein the foregoing paragraphs.

74. Pursuant to Massachusetts law including but not limited to the Massachusetts General

Laws, the Executive Office of Elder Affairs (651 CMR 12.00 et seq), The Board of

Elevator Regulations within the Division of Occupational Licensure (M.G.L. c. 143 and

524 CMR, including 524 CMR 35.00 which specifically incorporates the ASME A17.1,

and 521 CMR 28.00), Massachusetts Comprehensive Fire Safety Code (527 CMR), the

Massachusetts Building Code (780 CMR, which incorporates that International Building

Code), NFPА 1, 13, 20, 25, 72, 99, and 101, Defendant owed a duty to construct, equip,

maintain, and use the Property in accordance with the applicable laws, ordinances and

codes, so as to protect residential receiving care and invitees against dangerous conditions,

unreasonable risk of injury, and death.

75. The purpose of the laws, ordinances, and codes is to protect residents receiving care and

invitees from the harmful effects of residential fires. Residents receiving care were

members of the class of persons protected by these rules, regulations, laws, ordinances,

codes, and standards.

76. Defendant knew or should have known that Gabriel House and the Property were not

constructed, equipped, maintained, and/or used in a manner that would protect residents

receiving care and invitees, from the harmful effects of fire and that Gabriel House and the
Property were in violation of applicable rules, regulations, laws, ordinances, codes, and

standards.

77. By violating the governing rules, regulations, laws, ordinances, codes, and standards,

Defendant breached its statutory duties of care to residents receiving care.

78. Defendant's breach(es) of these duties was (were) the direct and proximate cause of the

injury and death to the residents receiving care including the Plaintiff.

79. As a result of Defendant's breaches, wrongful acts, neglect, omissions, failures and/or

default the residents receiving care are entitled to damages.

WHEREFORE, the Plaintiff demands judgment for damages, costs, and prejudgment and

post-judgment interest against the Defendant, and demand trial by jury of all issues so triable and

such other relief the Court deems proper.

COUNT III — BREACH OF FIDUCIARY & CONTRACTUAL DUTIES –

GABRIEL HOUSE

80. Plaintiff realleges and incorporates by reference herein the foregoing paragraphs.

81. A contract existed between Defendant and its residents receiving care, including Plaintiff,

entitling them to certain conditions of residence and care to be provided by Gabriel House.

82. Defendant owed fiduciary and contractual obligations to residents receiving care including

Plaintiff.

83. By causing, creating, and allowing the persistence of conditions detrimental to the residents

receiving care, which resulted in a dangerous, destructive, and deadly fire at the Property,

Defendant failed to act in the best interests of its residents receiving care, thereby breached

its fiduciary duty, and further breached its contractual obligations to the residents receiving

care including Plaintiff.

WHEREFORE, the Plaintiff demands judgment for damages, costs, and prejudgment and

post-judgment interest against the Defendant, and demand trial by jury of all issues so triable and

such other relief the Court deems proper.

COUNT IV – NEGLIGENT/RECKLESS INFLICTION OF EMOTIONAL DISTRESS –

GABRIEL HOUSE

84. Plaintiff realleges and incorporates by reference herein the foregoing paragraphs.

85. Defendant's actions and/or inactions were willful, wanton, grossly careless, indifferent,

reckless, and/or negligent, so as to go beyond all possible bounds of decency, and said

conduct resulted in a fire which caused physical symptoms of severe emotional distress,

including anxiety, distress, fear, aggravation, and inconvenience.

86. Defendant knew or should have known that its acts and omissions involved an

unreasonable risk of causing the severe emotional distress to Plaintiff.

87. Plaintiff's severe emotional distress and mental injury are medically diagnosable and

medically significant.

88. Defendant's acts and/or omissions constitute the direct, proximate and/or substantial

contributing cause of the extreme mental and emotional distress suffered by, and continued

to be suffered by the Plaintiff, and such damages were reasonably foreseeable

consequences of the Defendant's acts.

WHEREFORE, the Plaintiff demands judgment for damages, costs, and prejudgment and

post-judgment interest against the Defendant, and demand trial by jury of all issues so triable and

such other relief the Court deems proper.

COUNT V- NEGLIGENCE - ETZKORN

89. Plaintiff realleges and incorporates by reference herein the foregoing paragraphs.
90. Defendant owed a non-delegable duty to provide the care and services appropriate to the

needs of residents receiving care.

91. Defendant negligently failed to adhere to the appropriate standard of care with respect to

(a) the operation, management, care, and maintenance of Gabriel House and the Property;

(b) the provision of care and services to residents receiving care; (c) ensuring the safety and

well-being of residents receiving care; and (d) monitoring the whereabouts and activities of

residents receiving care.

92. Defendant owed a duty of reasonable care to Plaintiff to ensure the premises were safe and

to provide adequate life safety systems.

93. Defendant negligently breached that duty by failing to maintain fire suppression systems,

train staff, and provide a safe means of egress.

94. Defendant negligently breached his duty to exercise reasonable care with regard to

residents receiving care, including but not limited to the following: (a) Defendant

negligently installed, inspected, maintained, and certified building equipment and systems,

including but not limited to mechanical, early warning, life safety, fire extinguishing and

fire suppression, and emergency egress (i.e. elevators, fire alarms, smoke detectors, fire

doors, fire sprinklers, fire pumps, fire extinguishing devices and fire suppression, and

emergency egress signs and routes), each of which were designed and intended to allow

residents receiving care to exit their residential units and the Property in the event of an

emergency; (b) Defendant negligently advised, discussed, informed, counseled, protected,

and warned residents receiving care from dangerous conditions on the Property, including

fire and safety hazards; (c) Defendant negligently failed to adhere to legislation,

ordinances, building codes, housing codes, fire codes, safety codes, and licensing
regulations; (d) Defendant negligently failed to enact and enforce policies, procedures, and

industry best practices for the benefit of residents receiving care; (e) Defendant negligently

selected, hired, employed, educated, and trained its agents, employees, and representatives;

(f) Defendant negligently failed to educate, train, and warn its agents, employees, and

representatives regarding the industry-wide risk associated with smoking while receiving

oxygen therapy and/or in proximity to oxygen therapy; (g) Defendant negligently failed to

educate, train, and warn its residents receiving care and the families of residents receiving

care regarding the industry-wide risk associated with smoking while receiving oxygen