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AL Supreme Court overturns local judge's decision on fatal fire civil suit

By Jeanie Powell - bio | email

HUNTSVILLE, AL (WAFF) - The Alabama Supreme Court reverses a local judge's decision concerning civil action taken after a tragic apartment fire in 2004.

A teacher died as a result of that fire.

The fire was the result of arson.

The criminal side has been finalized and the person responsible is serving his life sentence in prison.

A civil suit brought forth by the deceased's family and others involved will now head to trial.

April Collins was a daughter, sister, and a teacher.

In August 2004, she awoke to flames taking her apartment building in south Huntsville.

Her life was eventually taken from injuries she sustained in what was determined arson at Hunters' Ridge Apartments.

Her fellow tenant, Henry Rice, will spend the rest of his life in prison after he pleaded guilty to universal malice murder and first degree arson.

But in December of 2004, civil claims were filed against the builder, Scenic Homes and the landlord, Enterprise Apartments.

Collins' family attorney Barton Warren says an architect was not used during construction of the complex and many fire and safety codes were bypassed.

"There are no sprinklers in this entire complex, there are no fire alarms. The walls are to be fire-rated," said Warren. "By time she was awakened, the fire had pretty much engulfed the whole building and when she was preparing to leave and trying to escape, the only way she had out was a single exit stairwell and she actually had to run through the flames and try to escape the building."

Warren explains code requires two exit stairwells.

"This one only has one and the one that April had a chance to attempt to escape was blocked in the fire."

Citing expert testimony, Warren believes if the building had been code compliant, Collins would still be alive.

Warren also represents six other tenants who were injured or lost everything.

One of those, was a man who had to jump from his balcony during the fire, therefore breaking his back.

"The landlord and the builder argued that they had no duty to those tenants, to their renters, to make their building safe in the event the fire was set on purpose.  They said, 'Well that's just some unforeseen act by a criminal and we don't have an obligation to our tenants to build safe if it's a criminal act,'" said Warren.

About a year and a half ago, Madison County Circuit Judge Loyd Little ruled the arsonist's criminal act negated any duty by the defendants.

Warren appealed and Tuesday, the Alabama Supreme Court overturned little's decision.

"Our supreme court unanimously approved 9-0 that is not correct, that the duty to build safe and maintain a structure in a safe condition is not dependant on how a fire is set."

All seven of these civil cases will head to a jury trial.

Collins' will be heard first.

Warren says that should be around September.

Part of his claim is that there are 750 apartments in Madison County constructed by the builder, that aren't currently up to code.

A Birmingham attorney for the builder Wednesday told us he doesn't have a comment.

We were unsuccessful in reaching counsel for the landlord.

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