Redkey is facing tort claim

A tort claim has been filed in relation to the death of a Redkey woman this spring.

It came up during Tuesday’s Redkey Town Council meeting.

The claim filed by Brittany Bailey and Nick Roberts names the Town of Redkey, Redkey Fire Department and Redkey Volunteer Fire & Rescue.

Lana Roberts, the 18-year-old daughter of Brittany Bailey and Nick Roberts, died May 12 after sustaining burns all over her body after her bedroom caught on fire. She was later pronounced dead at IU Health Ball Memorial Hospital in Muncie.

The tort claim, which is dated Aug. 20, says the fire department demonstrated “gross negligence” while attempting to rescue Roberts. Allegations include declaring Roberts deceased without checking her vital signs, failing to promptly extract Roberts, “failing to coordinate, communicate or exercise appropriate command at the scene” and delaying life-saving care.

(A tort claim is a formal notice that alleges personal injury or property damage and seeks compensation. Under Indiana law, a written notice of tort claim must be filed before suing a government entity.)

Emergency responders received a call about a fire at 19 N. Union St., Redkey, about 8:13 p.m. May 12. Redkey Fire Department arrived on scene about five minutes later.

The tort claim alleges Roberts’ grandparents informed Jay County Sheriff’s Office deputies that Lana Roberts was still inside the burning bedroom. It also says they told deputies she had a disability.

Redkey Fire Department firefighter Mark Leavell climbed a ladder to the second-story window of the bedroom, according to the tort claim, and observed Roberts in the room. It alleges Leavell declared Roberts deceased “without entering the room or checking her vital signs.”

“Despite being declared deceased, Lana still had a pulse,” the tort claim says. “Deputies immediately recognized the need for urgent intervention.”

The tort claim says Roberts was extracted from the house about 32 minutes after one deputy’s arrival. It adds that there was a “significant delay” between when Leavell declared her deceased and Roberts’ removal from the house by emergency medical service personnel and deputies.

“The retrieval process was significantly delayed by a lack of command, poor coordination, and unnecessary procedural steps imposed by some fire personnel, including the insistence on using a backboard and blanket, despite the immediacy of the danger,” the claim says.

Roberts died at the hospital from smoke inhalation.

The claim alleges that if the fire department had been better coordinated, it could have mitigated her injuries and potentially prevented her death.

Clayton Lengerich of law firm Miller, Burry & Brown is representing Brittany Bailey and Nick Roberts. Lengerich is also the attorney for several tort claims that are currently active against the City of Portland and its police department.