Lawsuit details revealed

The law firm representing Phillip Miranda, whose son James was killed in the Iconic Village apartment fire, has issued the details of two other plaintiffs’ experiences during the July 20 blaze. Benjamin Muñoz and Abril Cardenas have joined Miranda’s lawsuit, as have Christina Martinez and Pablo Torres. The four new plaintiffs in the suit against Iconic Village’s owners and managers were residents at Iconic Village when the fire broke out.

Muñoz and Cardenas, who are Texas State University students, said they had to leap from a second-story window to escape the fire.

“A number of the people who died were our neighbors,” Muñoz said. “People who lived on our floor, people who lived close to us.”

Muñoz lost everything in the fire and broke his leg and ankle during his escape. He is living with his parents an hour away while he tries to get back on his feet. He was scheduled to graduate this month, but after the fire he will have to complete classes in the fall.

“There was a plan for me to walk early,” he said, “but I told the school that when I walk for graduation, I literally want to be able to walk.”

Cardenas and Muñoz had talked about getting married, but Muñoz had promised himself he wouldn’t get engaged before graduation. After the fire, he decided that life is too short and proposed to Cardenas before going into surgery for his injuries. She said yes.

Miranda, Muñoz, Cardenas, Martinez and Torres are accusing the defendants of negligence and gross negligence. All the plaintiffs except Miranda are seeking a judgment against Iconic Village’s owners, San Marcos Green Investors, and managers Elevate Multifamily and Deborah Jones.

They are seeking payment for actual and consequential damages, pain and suffering, exemplary damages, past and future mental anguish, past and future impairment, past and future disfigurement, interest on damages, court costs and other costs. Miranda, who is seeking a separate judgment for wrongful death, is seeking damages for pecuniary loss, loss of companionship, past and future mental anguish, other damages available to wrongful death beneficiaries, medical expenses, funeral and burial expenses, and damages for the pain and mental anguish experienced by James Miranda before his death.

The plaintiffs have requested a jury trial and would like the jury to determine the amount of damages assessed against the defendants.

Miranda’s petition states that the fire alarms in the complex failed to activate and that several witnesses said the smoke and fire alarms did not activate in a timely fashion during the fire. Investigators have said that battery-powered smoke alarms were installed within individual apartments.

The buildings affected by the fire did not have sprinkler systems installed; because of their age, and the lack of any major renovations, they were not required to have sprinkler systems.

City records show that the last property and fire inspection at Iconic Village and Village Pads was in 2014. The report from 2014 noted, “Smoke detectors required on every floor, every bedroom and every access way to a bedroom.” Markings on the report seem to indicate that the smoke detector issue, and other issues noted during the inspection, had been corrected but no date was given. A supplemental report notes “means of egress questionable - have means of egress certified by engineer or repair where corroded, permit required before work can be done.”

No specifics were available about which “means of egress” the remark referred to.

The petition has been filed in the 345th District Court in Travis County.

Kurt Arnold from Houston-based law firm Arnold & Itkin, represents five victims of the fire.

The Daily Record has also been contacted by a law firm representing another parent of a fire victim, but to date there are no details on the filing of any other lawsuits against Iconic Village’s owners and managers.