(CHICAGO) The wrongful death suit filed by Julie Capuano, Daniel’s wife, says that Anilroshi, LLC, which owned the brick building, was “obliged to comply with safety and health regulations for construction” set by the Occupational Safety and Health Administration and Chicago Building Code.
Firefighters responded to the fire about 2:40 a.m. at the warehouse where Daniel Capuano was killed in the 9200 block of South Baltimore. The building was under construction and an emergency alert was issued due to holes in the floor, the Chicago Sun-Times previously reported.
Capuano, a 15-year veteran of the Chicago Fire Department assigned to Tower Ladder 34, was searching through heavy smoke on the second floor when he fell down an elevator shaft to the basement, Chicago Fire Commissioner Jose Santiago told reporters Monday.
A “mayday” call was sent out at 2:56 a.m., signaling a firefighter was in distress.
“They were able to remove him quickly and get him on the ambulance,” Santiago said. Capuano had a partner “right next to him” when he fell.
He was taken to Advocate Christ Medical Center in Oak Lawn, where he was pronounced dead at 4:25 a.m., Santiago said Monday.
The cause of the fire, which was extinguished by 3:55 a.m., remains under investigation, but the city Department of Buildings disclosed late Monday that “unauthorized work” was being performed at the warehouse.
The work being conducted without a permit included complete removal of the elevator and other structural alterations, department spokeswoman Mimi Simon said.
After a full inspection Monday, the department expected to refer violations to the Cook County Circuit Court for prosecution, Simon said
The lawsuit claims that Anilroshi, LLC was negligent for violating two OSHA and Chicago Building codes regarding unprotected sides and edges around the perimeter of an open elevator shaft and providing protection from falling, permitting gaping holes on the second floor and near the opening of the elevator shaft, failing to obtain proper permits, and failing to warn occupants on the 2nd floor of the open elevator shaft.
Capuano is survived by his wife and three children: Amanda, Andrew and Nicholas, “each of whom suffered the profound loss of [Capuano’s] love, affection, care, attention, companionship, comfort, guidance and protection,” according to the lawsuit.
Anilroshi, LLC could not be immediately reached for comment.
The four-count lawsuit is seeking an unspecified amount in damages.
