CHARLOTTE, N.C. — Families of two construction workers killed in the deadly SouthPark fire in May 2023 are suing the companies in charge of the project.
The lawsuit was filed in federal court in Charlotte on Thursday by the family members of Demonte Tyree Sherrill and Reuben Lydell Holmes.
The families say the companies involved in the construction project could have prevented their deaths, if they had taken the right safety measures.
The fire broke out almost one year ago when an insulation foam sprayer caught fire on the ground floor of the building. A team of more than 90 firefighters rescued 15 workers from the burning building, including a crane worker who was rescued after being trapped.
Two construction workers, Sherrill and Holmes, were unable to escape and died.
The tragedy prompted state officials to adopt new standards in the hopes this never happens again.
Now, the families say the companies owe Sherrill's three surviving children and Holmes' mother for their untimely deaths.
The lawsuit names several companies, including: Mill Creek Residential Trust LLC, SouthPark Charlotte Apartments, MCRT Carolinas Construction LLC, Modera South Park, Mill Creek Residential Services LLC, MCRT South Florida, Baker Insulation and Kentucky Overhead Door Inc.
"The Mill Creek defendants failed to develop a prefire plan for the project in cooperation with the Fire Chief and did not have an approved pre-fire plan in place on the day of the Fire," the lawsuit says.
The workers were not trained how to evacuate fire, according to the complaint, and the building did not have working sprinklers in several areas, or fire alarms.
The lawsuit also states the companies were aware they lacked necessary fire precautions, but didn't address the issues. Additionally, the lawsuit alleges when firefighters responded to the massive blaze at the construction site on May 18, the lack of safety measures caused an extra problem.
"Rescue attempts were delayed and responding firefighters endangered when they were told, wrongly, by the Mill Creek Defendants, that required water connections were available, and entered the burning building to connect their hoses, only to find that the connections did not exist," the complaint reads.
The family members said Sherrill and Holmes were unable to escape the flames because a staircase had been removed and not replaced with a temporary set.
"The failure of the Mill Creek Defendants to provide adequate means of egress was negligent and grossly negligent," their lawyer wrote.
While Mill Creek is the main focus of the lawsuit's claims, the families said the other companies, including an insulation company, had a part to play in the deaths. The insulation company had stored its flammable product near a diesel generator under five floors of wooden structure, they said.
The family members are asking for a jury trial.
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