By Ivan H. Golden
Staff Writer
June 18, 2004
The owner of a building destroyed in a major fire in December and one of the firefighters seriously injured in the blaze intend to sue the town of Greenwich and Fire Chief Dan Warzoha.
Bruce Park Avenue Greenwich LLC, the owner of the apartment building at 312 Davis Ave., and firefighter Kennard Ray Little stated in separate documents filed one day apart in the town clerk's office that they plan to sue the town and Warzoha for their handling of the Dec. 5 blaze, which left five firefighters injured, three of them seriously.
Little, of Hamden, sustained fractures, nerve damage and other injuries when he was forced to jump from a third-floor window to escape the fire. Little's notice of intent to sue charges that Warzoha was drunk when he took command of the fire scene and states that Warzoha's condition, "directly led to the injuries sustained by Mr. Little."
The notice further stated that Little's wife, Grace Little, and their two children, Tyler and Alena, may also seek damages for firefighter Little's injuries.
Bruce Park Avenue Greenwich LLC similarly states that the damage to 312 Davis Ave. happened "As a result of Chief Warzoha's negligence in fighting the fire."
Neither Little nor his lawyer, Donna Civi-tello, could be reached for comment yesterday. Benjamin Boutaugh Jr., the lawyer representing Bruce Park Avenue Greenwich LLC, also did not return calls seeking comment.
Town Attorney John Wetmore did not respond to several attempts to contact him. First Selectman Jim Lash said he was aware of the documents, but he said it was too early for the town to gauge how it would respond.
"Until somebody actually files a lawsuit, there really isn't anything to talk about because you don't know what charge you're defending against," he said.
The notices filed this month in the town clerk's office are not lawsuits but merely notices of intent to sue, so they do not include specific facts and evidence. The notices had to be filed with the town clerk within six months of the fire, under Connecticut statute, to preserve the plaintiffs' right to sue. Based on his knowledge of the case, however, Lash said the town "has a good defense in these cases," though he would not elaborate. As for the charge that Warzoha was drunk, Lash said several investigations have concluded the fire chief was not impaired.
"We looked into that carefully at the time," Lash said. "It was looked at by an independent investigator and it was looked at as part of the fire chief's independent review panel, and there was no sign that he was intoxicated."
The notices are the latest salvo in an already bitter controversy over the fire department's handling of the Davis Avenue fire.
Three days after the blaze, on Dec. 8, the town announced it would have an outside panel evaluate the fire department's response to the fire.
On Dec. 13, the firefighter's union, wary of the outside panel, said it would conduct its own investigation.
In late January, union officials charged that Warzoha had been drinking prior to assuming control of the scene.
Subsequently, Warzoha was absent from the department for several weeks following the fire; town officials have never explained his absence.
In February, the state fined the Greenwich Fire Department $560 for failing to follow regulations during the fire. But two days later, Lash reinstated Warzoha as fire chief, after an investigation concluded that the fire chief was not impaired by alcohol at the scene of the Davis Avenue fire.
Deputy Fire Chief Joseph Benoit said at the time that fire officials believe the blaze was likely caused by a vehicle damaging an outdoor gas line that entered the house. The ruptured line caused the home's hot water heater to ignite, setting nearby furniture and other materials on fire.
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