FREMONT — The families of two women who plummeted to their deaths in a Fremont apartment fire this year have filed lawsuits against the complex’s management, claiming they had no way to escape and their deaths could have been prevented.
Two separate lawsuits filed in Alameda County Superior Court accuse the firm that manages the Waterstone Apartments of negligence and failing to keep the 530-unit apartment complex safe. Two women — 62-year-old Lori Long and 54-year-old Charlotte Holguin — died after falling four stories from Long’s balcony during an April 6 fire that fire officials say erupted sometime around 2:50 a.m.
Meanwhile, newly obtained Fremont Fire Department records show the blaze originated in Long’s apartment and likely started after someone either left a cigarette burning on a combustible surface, or tampered with a butane lighter that caught something ablaze in the living room.
Fire inspection records released to this news organization contained images of a charred and cluttered apartment, littered with multiple types of “drug paraphernalia” and other miscellaneous belongings, such as an electric bike, clothes, butane lighters and cigarette butts. The two-alarm fire caused at least $500,000 in damages, and brought more than 30 fire personnel to the scene, records show.
The records also show a history of over 280 fire code violations throughout the entire apartment complex dating back through last year, including dozens found on May 6, after the fire, such as inaccessible fire extinguishers, no smoke detectors and electrical hazards.
In a phone interview, Jeff Vucinich, the attorney representing the parties behind the Waterstone Apartments – MV-EPT Apartments, Pinnacle Property Management Services and SecureLion Security – said, “I don’t see any liability on the apartment complex — never have, never will.” Waterstone Apartments did not return a request for comment on this story.
Vucinich acknowledged Monday that he was aware the fire department had finished its report on the fire, but said he hadn’t yet read it. He added that “based on site inspection (and) meetings with clients … I can’t see where the apartment (management) had anything to do with this unfortunate tragedy.”
But the lawyers representing the family of Long and Holguin have placed the blame on the groups tasked with ensuring safety at the complex located at 39600 Fremont Blvd.
Colin Jones, an attorney representing John Long, the brother of Lori Long, said in a statement Tuesday that his firm is “ investigating what appears to be a series of preventable failures in safety, property management, and emergency response at the Waterstone Apartments that contributed to the circumstances of Ms. Long’s death.”
“Property owners and managers have non-delegable duties to ensure safe premises, adequate maintenance and proper emergency protections. Our responsibility is to identify all negligent actors and pursue full legal accountability on behalf of Ms. Long’s family,” he wrote.
In court documents, the Longs’ attorneys allege that the apartment complex “chronically” allowed obstructions of fire lanes at the apartment complex, which also reportedly slowed down firefighters attempting to save Long and Holguin during the blaze.
Initial statements to this news organization on April 6 from fire officials show that firefighters were unable to deploy a ground or aerial ladder in time to save the two women due to obstructions in the parking lot area.
The Longs’ lawyers argue these obstructions alongside “inoperative smoke alarms,” lack of accessibly displayed fire escape maps and other outdated fire safety measures at the apartment complex trapped Lori Long in her apartment and forced her onto the balcony. These alleged failures by the apartment’s management “deprived Decedent of critical early warning minutes required for escape,” according to court documents.
Attorneys allege that due to prolonged smoke inhalation and with nowhere left to run, Lori Long had no choice but to fall from the fourth floor.
She was transported to a hospital, where she died of her her injuries two days later, according to court documents.
“They should have upgraded the interior at least for a fire suppression system or a sprinkler system,” Cory Weck, the attorney representing Victor Wilson, Holguin’s mother, told this news organization Tuesday. Weck said the incident is “inexcusable” and “there’s no reason” why the complex didn’t update their sprinkler system before the fire. “
According to Weck, Holguin was visiting Long at Long’s apartment when the fire broke out. In court documents, Weck alleges the apartment complex “failed to use reasonable care to keep the Property in a reasonably safe condition, or reasonably maintain the property in a safe condition.” This, he added, is what contributed to her death after she was left with no safe emergency exit during the fire.
After more than 15 minutes dangling from the balcony, both women eventually fell to their deaths, according to court documents.
Emergency responders the morning of the fire pronounced Holguin dead after she fell from the balcony. Her son continues to “suffer severe grief, sorrow, loneliness, and associated great mental and physical pain, emotional distress, pain and suffering and other general damages,” Weck wrote in court documents.
Weck said the incident is “absolutely horrific” for Wilson and “it’s everyone’s worst nightmare.” He said he took the case to “actuate change” in other apartment buildings that may be out-dated on their own emergency systems. “This is going to be a difficult case, but we want to effectuate change.”
A 2018 investigation by the Bay Area News Group showed that Fremont fire at the time had the second worst record of state-required safety inspections in the region, with just 47% of apartment buildings inspected.
Weck said both residents and visitors of any apartment building “should at least be entitled to feel secure and safe from a fire and not have to leap to their deaths from a balcony.”
Staff writer Chase Hunter contributed reporting .
