The families of the four victims that died in the high-rise Marco Polo fire filed a lawsuit Thursday alleging that the deaths could have been prevented if the defendants had followed basic safety measures.
The complaint, filed in 1st Circuit Court in Honolulu, is against the Marco Polo’s management companies, including Associa, Associa Hawaii and Touchstone Properties. It also names the Association of Apartment Owners (AOAO) of the Marco Polo Apartments and Ohana Control Systems Inc. The plaintiffs are the estates of the deceased Marco Polo victims and Community Kokua Foundation for Fire Safety and Recovery, a nonprofit organization created by their families.
The 568-unit building, at 2333 Kapiolani Blvd., was built in 1971 before the city began requiring sprinkler systems. Killed in the inferno that day were Britt Reller, 54; his mother, 87-year-old Melba Jeannine “Jean” Dilley; and their neighbor Joann M. Kuwata, 71. Marilyn Van Gieson, 81, died Aug. 3 from fire-related complications.
| MARCO POLO SAFETY SHORTCOMINGS
The plaintiffs’ attorneys allege that despite experiencing prior fires at Marco Polo and receiving warnings about the need to improve safety, the defendants made poor choices, including:
>> Permitting widespread use of propped-open fire doors, which allowed fire and smoke to spread throughout the building.
>> Allowing most Marco Polo units to go without smoke detectors.
>> Rigging the fire alarm system to run through an antiquated alarm panel to avoid having to comply with city and fire codes.
>> Failing to invest in a fire alarm system that could be monitored by the Honolulu Fire Department.
>> Allowing the fire alarm to fall into such disrepair that many residents could not hear it.
>> Not maintaining or configuring the elevator system so that it would allow firefighters to access floors during the fire.
>> Failing to install an emergency lighting system providing adequate light.
>> Choosing not to fund a fire sprinkler system that would run throughout most of the building.
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According to the lawsuit, the four victims “either burned to death or died from massive smoke inhalation as they were trapped after the fire spread from the unit (of) origin.”
Dawn Dunbar, Joann Kuwata’s niece, said, “I don’t think people quite understand the extent of something this horrific, until they actually go through it and lose a loved one.”
The wrongful-death and negligence suit is the first major legal action since the July 14 fire. Associa and the Marco Polo AOAO declined to comment. Touchstone did not return a call from the Honolulu Star-Advertiser.
Amir Borochov, president of Ohana Control Systems, said he’s not responsible for the failings of the fire alarm system because his company didn’t install the circa-1970s equipment and had urged the building to improve it.
Borochov said he presented Marco Polo with numerous upgrade proposals over the last five years or so, including one in June 2017, a month before the fire.
“I went to three or four board meetings. I told them, ‘What is one life worth?’” he said. “They knew they needed to upgrade. They just didn’t want to spend the money.”
Phil Reller, Dilley’s son and the brother of Britt Reller, said Associa and the other defendants allowed building residents to use louvered doors, which allowed the fire to spread rapidly instead of being contained by fire-resistant doors. They also chose not upgrade their fire alarm system or install fire sprinklers, which can help contain fires.
“They didn’t do anything to amend the inadequate ‘fire prevention’ system that was in place — even after three fires. Condo fires will happen; it’s a part of the nature of condo towers,” Reller said. “The defendants had a duty to advise the condo residents how to best prevent them.”
