Columbia Accuses Irmo Fire District of Defamation in LODD Case

The City of Columbia, South Carolina has denied allegations contained in a wrongful death lawsuit that it was responsible for the death of an Irmo firefighter, and what’s more, countered them with serious allegations of its own. In addition, the city has filed a Third-Party Complaint against the Irmo Fire District, accusing it of defamation.

This one is complicated.

The original lawsuit was filed in April, 2025 by Emma Muller, the widow of Irmo firefighter James Muller. Ms. Muller made some serious allegations against the Columbia-Richland County Fire Department, including that Muller was instructed/allowed to enter the building when there were known structural concerns, and that there were lapses in command, control, and communications. The fire in question occurred on May 26, 2023 in Columbia, and prompted the mutual aid response of the Irmo fire District. Here is more on the filing of that suit, including copies of the Original and Amended Complaints.

In answering the Muller lawsuit, the City of Columbia has vehemently denied the allegations made against the fire department.  In addition, the city has filed a Third-Party Complaint against the Irmo Fire District, accusing it of defamation and seeking indemnification for all damages it may be held responsible for to Ms. Muller, pursuant to the terms of its mutual aid agreement.

Due to the volatile nature of the accusations, we will quote extensively from the city’s Answer and Third Party Complaint:

• That employees or agents of the Irmo Fire District have intentionally misrepresented the events of May 26, 2025 for their own purposes.
• That … employees or agents of the Irmo Fire District have shared false and defamatory statements with the family of Firefighter James Michale Muller, members of the public, members of the media, investigators for the Occupational Health and Safety Administration, investigators for the National Institute for Occupational Safety and Health, and with other unnamed third parties, concerning the actions of the Columbia Richland Fire Department’s actions on the Tropical Ridge Fire of May 26, 2023.
• That the employees and agents of the Irmo Fire District knew or should have known of the falsity of the statements at the time they were disseminated.
• That the employees and agents of the Irmo Fire District acted with malice in reckless disregard for the truth or falsity of the statements.
• Firefighter James Michael Muller was a dedicated firefighter with the Irmo Fire District.
• It is apparent he was beloved by members of his department and his family and friends.
• Firefighters of the CFRD who interacted with him considered him a peer and “brother” upon whom they could rely.
• Unfortunately, Firefighter Muller died as a result of injuries he suffered in a tragic structure fire being fought by members of the CFRD, aided by the Irmo Fire District.
• Prior to his demise, thanks to the heroic efforts of the CRFD personnel on scene, two female civilians were rescued from this structure fire under dangerous circumstances and it was unknown whether other civilians were trapped in the blaze.
• While CRFD personnel attempted to located any other civilians who may have been trapped in the fire, two IFD personnel, including Firefighter Muller, entered into a room which was in danger of the ceiling falling on them, despite being warned by CRFD personnel not to enter.
• The ceiling, which was the floor of the apartment above them, collapsed and four (4) fire fighters, to include Firefighter Muller, were trapped. Immediate efforts to rescue the trapped firefighters began and three were rescued.
• Unfortunately, Firefighter Muller succumbed to the injuries he received and tragically passed away.
• Firefighters of the CRFD who were leaving one of the apartment rooms due to a threat of ceiling collapse warned Firefighter Muller and another IFD firefighter NOT to enter into the room which they did regardless of the warning.
• Based upon an exhaustive review by the Command Staff of the CRFD, together with recordings of all of the radio traffic during this fire, there is NO evidence that the CFRD failed to maintain command and control over all of the firefighters engaged in this structure fire and therefore the allegations of Paragraphs 20 of the Plaintiffs’ Complaint are vehemently DENIED.
• The CRFD conducts exhaustive training of its firefighters to the highest caliber of fire departments throughout the State of South Carolina and maintains complete and thorough records of its training, as well as all of the training which it provides free of charge to the members of the IFD.
• In fact, if any delay existed in the rescue efforts of the four (4) firefighters trapped by the ceiling collapse, it was only for a period of moments.
• There was no delay in rescue which contributed to Firefighter Muller’s unfortunate passing.
• That is another alleged “fact” which has been repeated by members of the IFD despite clear evidence to the contrary in the recordings of the radio traffic from this incident.

Here is a copy of the City’s Answer and Third Party Complaint.