By Anthony G. Attrino
nj.com
CLIFTON, N.J. — A New Jersey man whose three relatives were killed in a house fire in Passaic County has filed a wrongful death lawsuit against the landlord, local fire department, and an insurance company alleging wrongful death, negligence, and loss of evidence.
Steven R. Warga, 65, his wife, Elaine Warga, 71, and Elaine’s mother, Helen Popovich, 95, died in the Nov. 18, 2022 blaze after they were trapped inside a burning home on Ladwik Lane in Clifton, according to the lawsuit.
The couple’s son, Steven J. Warga, escaped the flames and survived, but watched as his parents and grandmother died in the fire, according to the suit, filed Monday in the Superior Court of Passaic County.
The suit claims Warga has suffered physical and psychological injuries and lost his personal property and belongings in the fire.
The victims were not immediately alerted to the fire because of faulty smoke detectors and died in part because the Clifton Fire Department took too long to respond and allegedly did not follow proper protocols, the lawsuit alleges.
Steven R. Warga’s brother, James, is suing the landlord, Richard Ceynowa, and the city fire department, along with the manufacturer of the home’s central air conditioning unit, several contractors, an insurance company, and county officials.
A spokesman for the city and Passaic County did not immediately respond to a call and email seeking comment. Ceynowa did not immediately return calls on Wednesday seeking comment on the lawsuit.
The lawsuit claims the air conditioning units and smoke detectors at the residence didn’t work properly, that the landlord didn’t provide fire extinguishers and “allowed an unsafe condition to exist and persist.”
The lawsuit claims Ceynowa failed to properly maintain the air conditioning units and didn’t replace faulty smoke detectors. Ceynowa is also accused of failing to provide proper entrances and exits at the home.
The suit alleges the Clifton Fire Department and the Passaic County Office of Emergency Management “failed to timely and properly dispatch emergency personnel” to the fire, and that when firefighters got there they “did not enter the home for an extended period of time.”
The suit also claims the fire department did not use a ladder to try to rescue the victims. However, news video from the scene shows a Clifton Fire Department ladder propped against the home.
State Farm Insurance either lost or intentionally destroyed heating and air conditioning units attached to the home that could have provided evidence in the search for answers, the suit claims.
“The filing of a lawsuit does not substantiate the allegations within the complaint,” a spokesman for State Farm said in a statement. “We recently learned of the filing. So, it’s premature for us to comment.”
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