D.W., Individually and as Special Administrator of the Estate of C.A, deceased v. Apex Mortgage Corporation
Wrongful death/premises liability settlement. This cause of action arose from the injuries and subsequent death of C.A., a 34 year old City of Chicago Firefighter, resulting from a building collapse at 1738-1744 E. 75th Street in the City of Chicago on December 22, 2010. The Property was purchased by Defendants CHUCK DAI and RICHARD DAI and Defendant APEX MORTGAGE CORP., held the Mortgage Security Agreement for the Property. In 2008, the mortgage on the Property was in default and APEX MORTGAGE CORP. began discussions with the Dais to accept a deed in lieu of foreclosure. After receiving the signed deed in lieu of foreclosure documents from the Dais, Apex hired a real estate broker to assess the Property, change the locks, clean out the Property, and board up the Property. Upon inspection, the real estate broker determined that the Property was in poor condition. Apex subsequently made a Property loss claim with its insurance company that it had force placed insurance for a partial roof collapse. The Property loss claim was subsequently denied and Apex was provided with an engineer’s report of the Property from the insurance company which stated that the condition of the roof was a result of chronic lack of maintenance and total rotting having occurred of the roof beams. Throughout this time period, Apex was a defendant in a City of Chicago Housing Court case for the Property and was aware of the numerous code violations, including structural concerns with the roof and the walls at the Property. On December 22, 2010, at about 6:52am, a small rubbish fire occurred in the Property and the Chicago Fire Department responded. Firefighters, including C.A., forced entry into the Property to determine there were people inside the Property. While inside the Property, the east wall failed causing a total collapse of the timber truss roof onto firefighters, including C.A. As a result of the collapse of the timber truss roof, C.A. suffered severe and permanent injuries resulting in his death on December 22, 2010.
Plaintiff alleged that Apex had taken possession and control of the Property beginning in 2008. Apex was aware of the severe and dangerous structural problems and code violations at the Property, but it failed to do anything to remedy any of the conditions at the Property putting every person who walked into the Property in harm’s way, including Firefighter C.A. on December 22, 2010.
Firefighter C.A. left surviving him his wife, D.W., and their son, who was one years old at the time of C.A.’s death.
Co-counsel with Joseph A. Power, Jr.