Her Attorney, Thomas H. Burton said that while a "significant" monetary penalty is expected against all the defendants, the main intent of the suit is "hopefully to enable the city to avoid another coffin on a fire truck" by toughening city codes and fire scene protocols. Attorneys representing the family of Firefighter Jonathan S. Croom, who also died in that fire, are planning to file a similar suit.
In addition to accusing the building owner of numerous building and fire code violations, Mrs. McCarthy’s suit accuses the city of improper inspection of the building and the BFD of inadequate firefighting safety procedures. The suit further accuses the city of failing to enforce a so-called "2 In, 2 Out Rule" and failing to always have an "accountability or safety" officer on duty at the scene of a burning building to keep track of firefighters entering and leaving the structure. The suit also accuses the Fire Department of failing to enforce the so-called the "buddy system during interior firefighting operations."
