Father of fire victim files lawsuit

The father of one of the victims of the Iconic Village apartment fire has filed a lawsuit claiming negligence and gross negligence on the part of the complex owners and management.

Phillip Miranda, father of 23-year-old James Miranda of Mount Pleasant, filed the lawsuit Monday in the 345th Judicial District court in Travis County. He is claiming that actions and inaction by Iconic Village owners San Marcos Green Investors LLC, property management company Elevate Multifamily LLC and manager Deborah Jones led to the death of multiple residents, including his son. Miranda is asking for a judgment in excess of $1 million. A spokesman from the law firm representing Miranda said the $1 million figure was used to establish the court’s jurisdiction and that the plaintiff will be asking a jury to determine damages. 

Miranda’s petition reads, “On or about July 20, 2018, at around 4:30 a.m. a fire broke out at The Iconic Village Apartments while James Miranda was sleeping. While the blaze spread through the apartment complex fire alarms failed to effectively activate to warn all residents. Furthermore, the apartment complex did not have functioning fire sprinkler(s) and/or suppression system(s) in place.”

City officials had said that the building had no sprinklers installed but that the age of the building — it was constructed in 1970 — meant that sprinklers were not required.

City officials also said in a press release that initial results of the investigation into the fire showed that battery-powered smoke alarms were installed within individual apartments. The management company provided inspection reports showing that the alarms had recently been inspected, city officials said. However, in the wake of the fire, numerous residents said they did not hear any smoke alarms go off. 

Miranda’s lawsuit claims the defendants had a duty to warn James Miranda of the “unreasonably dangerous condition” in the apartment building and neglected that duty. The suit accuses the defendants of failing to maintain a safe living environment, failing to train employees, failing to keep the premises free of known hazards and other actions “deemed negligent or grossly negligent.”

Miranda’s petition continues, “As a result of Defendants’ negligence and gross negligence, Mr. James Miranda suffered severe physical injuries that ultimately led to his death. These acts of negligence and gross negligence also led to the Plaintiff suffering severe injury.”

In the lawsuit, Miranda is claiming wrongful death damages including pecuniary loss, loss of companionship and mental anguish including “emotional pain, torment and suffering experienced in the past, and to be experienced in the future, because of the death of James Miranda.” He is also seeking damages for the “conscious physical pain and emotional pain, torment and suffering experienced by James Miranda before his death” and for the payment of medical expenses and funeral and burial expenses. 

District Court records show the case as pending, with no hearing date set yet. 

The fire at Iconic Village damaged two buildings and affected buildings at the neighboring Vintage Pads complex on July 20. At least seven people were injured, five people were killed, and about 200 were displaced by the early morning fire. San Marcos firefighters received mutual aid from numerous neighboring fire departments. The Bureau of Alcohol, Tobacco and FIrearms sent investigators to assist in the aftermath, as did Texas Task Force 1.