Colorado Springs, Colorado – Former residents of Castle West Apartments in Colorado Springs have filed a lawsuit against the owners of the building. The apartment block was burned in 2007 following an arson incident in which two men were killed, and hundreds of people were left homeless.

The fire was allegedly started by 24-year-old Derrick “Nicky” Johnson. The young man allegedly committed the act after his girlfriend—who lived in the apartment complex—broke up with him. Johnson, who has been arrested by local police, allegedly threatened to kill her and torture their baby before starting the blaze by spreading gasoline in the hallway of the ground floor.

The lawsuit has been brought by a total of 53 former residents of Castle West Apartments. Among the allegations being made in the lawsuit are claims of negligence on the part of the owners of building in not informing residents of the presence of asbestos in the building.

In addition, the lawsuit claims that the owners were negligent in not ensuring the building’s security was adequate, because the lack of security allowed the arsonist to enter the building. Specifically, the residents say that the controlled-access entry points had locks that were broken and were never fixed despite repeated requests from residents. In addition, residents claim that lack of adequate smoke alarms and other protective devices contributed to the devastation caused by the fire.

The lawsuit also claims that residents of Castle West made hundreds of calls to local police complaining about criminal activity on the premises, but the building’s owners ignored the situation. In 2005 and 2006, the residents say, more than five hundred calls were made to police concerning incidents of theft, burglary, drug use, and trespassing.

What of the asbestos problem? Residents say that they weren’t informed about the presence of asbestos in the building, even though the owners of the building “had a duty to advise the tenants that in the event of a fire the entire building could be condemned, making it impossible for residents to obtain their property.”

Unfortunately for many of the now-homeless residents of Castle West, that’s exactly what is now happening.

Firefighters and a recovery team that was hired by the apartment building owner were able to salvage some personal items belonging to residents. The items were recovered, cleaned, and returned to their owners.

However, many residents have found that some items have been too badly contaminated by asbestos to be adequately cleaned. Many ‘porous’ items, such as clothing and upholstery, simply can’t be completely cleaned once contaminated with asbestos.

The 53 former residents of Castle West who have brought the lawsuit are seeking compensation for the “significant and continuing damages” they have suffered.

The owners of the building deny the allegations of wrongdoing or mismanagement, and claim that they too have been victims of the alleged arson. The owners claim that the fault in the matter lies not with them, but with the arsonist.

This entry was posted on Monday, April 7th, 2008 at 1:10 pm and is filed under Asbestos Exposure, Colorado. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.