LA City Captain Burned in Explosion Sues Businesses

Posted by: Curt Varone September 19, 2021 0

A Los Angeles City fire captain who was seriously burned while escaping an explosion at a  building involved in the marijuana trade, has filed suit against the property owners and associated businesses. Captain Victor Aguirre and his wife filed suit against Steve Sungho Lee, Stelee Industries, Inc., SL Property Management I LLC, SL Property Management II LLC, L&H Limited Partnership, Biohazard, Inc., Green Buddha, LLC, Raheela Lakhany, Smoke Tokes, LLC, and Shafaq Aslam Sattar.

The fire on May 16, 2020 resulted in a huge fireball that injured twelve firefighters. The incident was caught on video and widely distributed. Captain Aguirre suffered catastrophic burn injuries, photos of which are included with the complaint. He has undergone 25 surgeries, including partial amputations of each of his fingers, and has been left permanently disfigured and disabled.

The complaint alleges that the defendants illegally stored large quantities of hazardous materials on the premises, including nitrous oxide (N2O) and butane. Quoting from the complaint:

  • In the subject incident, the storage of the EXPLOSIVE MATERIALS was related to the illicit drug industry.
  • The butane canisters unsafely stored on the PREMISES and involved in causing the fire ball and explosion event are utilized for, among other things, the illicit extraction of a form of hash oil called butane honey oil, often for use in counterfeit or unlicensed marijuana vape products.
  • The nitrous oxide canisters stored on the PREMISES unsafely in mass quantities and involved in causing the fire ball and explosion event are utilized as a recreational drug and known as, among other things, “whippits.”

The suit alleges liability under California Civil Code § 1714.9, strict liability for ultrahazardous activities, negligence, premises liability, and punitive damages. It was filed in Los Angeles County Superior Court.

Here is a copy of the complaint:

CA_SUP_LAX_21STCV34010_ComplaintDownload

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
© Copyright 2017, All Rights Reserved. | FireLawBlog.com & Curt Varone | Privacy Policy | Terms of Use
x

Check Also

FDNY Settles FLSA Overtime Suit for $4.3 Million

The city of New York has agreed to settle the FLSA overtime claims of 326 fire inspectors for a grand total of $4.3 million. The lawsuit was filed last year by 26 original plaintiffs who alleged they were not compensated for all hours worked; their overtime was paid on an amount less than their regular rate; and the city failed to pay overtime in a timely manner.

Appellate Court Upholds Dismissal of Firefighter’s Gender Violence Suit

The Illinois Court of Appeals has upheld a ruling that dismissed the state law claims of a female lieutenant who claims she was assaulted by another officer, and then retaliated against when she reported it. Michelle Giese claims Lieutenant Nathan Boyce picked her up and pushed her against a wall at a structure fire on October 18, 2018.