Builder claims two workers who died in South Park apartment fire were negligent for failing to evacuate

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North Carolina Construction News staff writer

Court documents reveal that a builder that is being sued for the deaths of two men in the May 18, 2023, South Park apartment construction fire is blaming the workers for not evacuating. MCRT Carolinas Construction LLC filed a counterclaim in September against other subcontractors involved in the downtown Charlotte project, alleging that “all other workers, including those on higher floors, heard and followed evacuation warnings”.

The Charlotte Fire Department determined the blaze started in a trailer on the first floor of the building and investigators said there were multiple accidental heat sources were inside the trailer.

Firefighters rescued 15 workers who were trapped inside the apartment building, including a crane operator who was stuck 210 feet above the ground in a crane.

If the court finds the two men were even partially negligent, their families may be unable to receive compensation in their wrongful death lawsuit because North Carolina is one of four states that prohibit plaintiffs from recovering any damages in such cases.

Demonte Sherrill and Reuben Holmes were trapped on the sixth floor when the fire erupted. Earlier this year, their families filed a wrongful death lawsuit against the site’s developer, the contractor, and its subcontractors.

The North Carolina Department of Labor investigated the fire and cited MCRT for failing to establish an alarm system and not implementing an emergency response plan or evacuation procedures.

MCRT Carolinas Construction LLC, Kentucky Overhead Door Inc., and Diversified Insulation LLC were cited for serious violations of the Occupational Safety and Health Act of North Carolina. According to the North Carolina Department of Labor, Baker Insulation and the OSH Division reached an informal settlement agreement that was signed by all parties in January 2024.

In response to MCRT’s claims, the families of Sherrill and Holmes contend that the contractor did not provide adequate notifications to emergency responders or employees. They are asking the court to dismiss any defense based on contributory negligence.

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