STAMFORD, Conn. — Matthew Badger has filed a notice of intent to sue the city of Stamford for negligence in connection with the Christmas morning fire that took the lives of his daughters Sarah, Grace and Lilly.
The notice was delivered to the Town Clerk’s office Friday, May 4, by Badger’s lawyer. The Shippan Avenue home destroyed by fire was owned by Badger’s estranged wife, Madonna, who was one of the two survivors of the blaze.
The notice names the city's director of operations Ernie Orgera, City Engineer Louis Casolo, Assessor Francis Kirwin and Building Official Robert DeMarco for their or their office’s part in allowing the girls to be in the home at the time of the fire.
“[Badger] suffered damages as a consequence of the aforementioned parties’ negiligence, carelessness, and actions, including but not limited to the wrongful death of the children on December 25, 2011,” the notice said.
The notice points to several actions by the city that might have led to the deaths, including the wrongful issuance of permits to Michael Borcina and/or Tiberias Construction Inc., and to Michael Foley and/or Foley’s Fine Carpentry Inc.
It also alleges that city officials either did not inspect the construction enough or did so carelessly, failure to follow up on inspections despite the home's being in unsafe condition for the children, and for allowing the children to live in the house without working smoke detectors and a fire alarm system.
The notice described the demolition of the home the day after the fire as “intentional spoliation of evidence.”
By Tuesday afternoon, Town Clerk Donna Loglisci said she had not yet received the actual suit.
Messages have been left for both Joseph Capalbo II, director of Legal Affairs for Stamford, and Richard Emery, Badger’s attorney.