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A Pennsylvania woman has filed a lawsuit following a deadly fire in West Orange last summer that claimed the lives of her two small children and their grandmother, alleging negligence by contractors.
Jennifer Dougherty, acting as administrator of the estates of her sons, Aiden Thomas Drury, 8, and Anthony Joseph Drury, 3, filed the suit Oct. 24 in Superior Court in Essex County.
The suit names the estate of the children’s grandmother, along with Wertheimer & Sons, Inc., and other unnamed entities.
The lawsuit was filed about a week after the children’s aunt, Mary Kate Drury, filed a $10 million notice of tort claim against West Orange officials, alleging negligence and failure to conduct timely inspections.
West Orange officials did not immediately respond Thursday and Friday to requests for comment on the lawsuit.
The July 13 fire occurred at a property owned by Grace Colby Drury, 75, the children’s grandmother, on Liberty Street in West Orange.
Police and firefighters arrived to find the house filled with heavy smoke from a small fire in the kitchen, authorities said at the time.
According to the lawsuit, the home lacked functioning smoke detectors, which contributed to the severity of the incident. Both boys suffered extensive injuries and ultimately died as a result of the fire.
The lawsuit alleges that Grace Drury, who died from flames and smoke inhalation, failed to maintain the property in a reasonably safe condition. The complaint claims her negligence in ensuring adequate fire prevention measures directly resulted in the fatalities.
In addition to the claims against the estate, the suit targets Wertheimer & Sons, Inc., a Montville-based contractor.
Dougherty’s lawsuit contends the company had performed renovation work at the property following a previous fire, but neglected to install or verify the presence of functional smoke alarms. The suit further accuses the contractor of failing to adhere to basic safety standards.
Representatives of Wertheimer & Sons did not respond to a request for comment.
The filing also raises allegations under the New Jersey Product Liability Act, citing unnamed manufacturers and distributors of an appliance that may have contributed to the fire.
Dougherty is seeking monetary damages for wrongful death, funeral expenses, and the emotional pain caused by the loss of her children.
In a separate lawsuit filed Nov. 12, a first cousin of Grace Drury’s late husband also alleges Wertheimer & Sons, and its subcontractors, failed to install adequate fire safety equipment, including smoke detectors, and neglected other essential safety measures that made the home unsafe for occupancy, the lawsuit claims.
A GoFundMe created to help the family had raised nearly $21,000 of a $25,000 goal as of early Friday.
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Anthony G. Attrino may be reached at [email protected]. Follow him on Twitter @TonyAttrino. Find NJ.com on Facebook.