Fire marshal may be liable in block fire

NEW HAVEN REGISTER
Fri., April 30, 1999
By Christian Miller

NEW HAVEN - Branford's fire marshal, who's also the chief, may be held liable for damages stemming from a 1998 fire that destroyed a downtown block, according to a Superior Court ruling.

Fire Chief Peter Buonome was added as a defendant in a civil suit filed by business owners burned out by the Jan. 28, 1998, fire.

In court documents, the owners of Castellon Brothers Bakery, where the fire began, blame Buonome for repeatedly failing to inspect the building before the blaze.

Superior Court Judge Clarance Jones made the ruling this month. The case is scheduled to go to trial later this year.

An investigation by the state and Branford fire departments found that a faulty gas furnace in the bakery's basement triggered the blaze.

The spectacular fire destroyed three buildings and displaced 11 businesses in the heart of Branford's downtown. No one was injured.

Two separate lawsuits were filed last year against the Castellon family. The insurance company representing property owner Al Vacco filed first in August and the owners of J.C. Glassworks and Page's Sports Shop filed the second suit in October.

Earlier this year, a Superior Court judge consolidated both cases against the Castellons.

Both suits claim the Castellons were negligent for improperly restarting the furnace, which was tagged by the gas company several months before the fire.

The Castellon's insurance company hired an investigator to examine the fire's cause and found that it could not be determined where it started.

In March, an attorney for the Castellons filed the motion to share the potential liability with Buonome because of his "reckless actions in failing to conduct annual inspections of Branford commercial buildings, despite being mandated to do so by (law)," according to court documents.

Attorney Ruth Beardsley cited a 1998 state Supreme Court ruling that expanded the rules for defendants in civil actions to spread the liability to others whose conduct "is alleged to be reckless, willful and wanton."

Buonome declined comment Thursday.

In documents filed in Superior Court in New Haven, Beardsley claims that failed to conduct annual inspections of the 100-year-old bakery.

"Chief Buonome has failed for years to conduct any inspections of the premises in question, despite its age and construction, the result being several fire code violations that caused the fire," Beardsley wrote in her court motion.

The lawsuits filed by the business owners and insurance company cite several fire code violations. A report prepared by Buonome also cites past violations.