Mystic— The attorney for the estate of an Ecuadorian man who was fatally wounded in an apartment fire last August has filed notice of his intent to sue Mystic Fire Chief Fritz Hilbert and the Town of Stonington.

According to state law, John LaCava of Stamford, the attorney for the estate of Jose Chillogallo, needed to file the notice within six months of the fire in order to preserve his right to take future legal action against Hilbert and the town.

Chillogallo, 64, a longtime worker at Bravo, Bravo restaurant, was badly burned in an Aug. 4 fire in the apartment building he lived in at 19 East Main St. When firefighters found him, he was not breathing, but he was revived by emergency workers and flown by helicopter to the burn unit at Bridgeport Hospital where he died from respiratory arrest, burns and smoke inhalation.

A second man, Gerry Sanderson, 42, who also worked at Bravo, Bravo, died in the blaze. They were the first fire deaths in Mystic in more than 30 years.

Hilbert said in August that the fire was started by Sanderson's cigarette. He said it appeared that Sanderson, who lived in a first-floor apartment, had tried to push a burning mattress out the door of his apartment before succumbing to the fire. The state fire marshal office continues to investigate the blaze.

The notice of intent to sue says Chillogallo's estate will make claims that Hilbert and the town failed to inspect the building for housing, fire and safety code violations and that it lacked proper smoke alarms.

Hilbert declined to comment Monday, but he said after the fire in August that the apartments were in compliance with fire and safety codes and had smoke detectors. LaCava declined to say Monday whether he had some information to disprove Hilbert's claim.

LaCava also declined to say whether he plans to sue the building owner, C. George Kanabis, a New London attorney. Both victims worked for Kanabis' wife, Carol Kanabis, at the restaurant.

“We're continuing our investigation. We're waiting to get the state fire marshal report,” LaCava said.

The body of Chillogallo, who was married, was returned to his native Ecuador. Police said he had relatives in the Stamford area.

It is unclear whether Chillogallo was in the United States legally. LaCava declined to comment on that topic Monday.

In August a federal immigration spokesman said that a search of Chillogallo's status in this country was “inconclusive,” as no one with his name and birth date had ever applied for a green card, a permit to live and work in the United States.

But the spokesman said Chillogallo could have been here under some other conditions. Police have investigated the status of Chillogallo and other restaurant workers who lived in the building but were unable to say Monday exactly what his status was.

Employers are required to keep on hand an employment form that notes what type of document an employee produced to prove he or she is in the country legally. If employers have questions about the authenticity of the document, they are required to alert immigration officials.

j.wojtas@theday.com