Watertown lawyers say homeowner is liable in fatal fire lawsuit

Guiseppe Polletta has already paid $1 million to the family of the 31-year-old man who died in a fire at his Watertown home, but if city lawyers win his case, his liability could be higher.

City attorneys have asked Waterbury Superior Court Judge Robert D'Andrea to “implicate” Polletta in a wrongful death lawsuit against the city filed by Sheila DeJesus, the administrator of his son's estate Joshua. If successful, Polletta could be responsible for a portion of the city's share if the city is held accountable in court or if it settles the case with the family.

D'Andrea held a hearing on the matter Monday but did not rule on whether Polletta could be added to the case. The next court date is July 1. If D'Andrea denies the motion, the case will proceed only against the city; if he grants it, Polletta would become a defendant in the case.

The lawsuit claims the city was negligent in allowing Polletta to build an illegal third-floor apartment at 241 Main St. Joshua DeJesus lived in the third-floor apartment; he died on January 16, 2022, when a rapid fire destroyed the house.

In their lawsuit, the family claims DeJesus attempted to escape the fire “by the only means available,” the back porch stairs, but “as he climbed onto the wooden stairwell engulfed by the flames, they collapsed and he fell to his death in a pile of rubble.”

State police investigators were never able to determine how the fire started or where DeJesus was when it started. They considered charging Polletta with manslaughter in connection with the fire and various building code violations at the property, but due to lingering questions about where the fire started and how DeJesus died , state police closed the investigation last fall without charging anyone.

“We have not been able to prove causation for any manslaughter charge beyond a reasonable doubt,” Waterbury State's Attorney Maureen Platt said in a statement to the Connecticut Mirror .

Platt added that “the statute of limitations has expired on any housing violations.”

For a story published June 9 on the fatal fire, CT Mirror reporters reviewed the nearly 500-page state police investigation, a report from the State Fire Marshal's Office, a report from the State Building Inspector's Office, local building permit and probate records, and a search warrant that accused the elder Polletta of filing a false declaration.

The Polletta name is well known in Watertown. Not only does Guiseppe Polletta own about 30 rental properties, but his son, state Rep. Joe Polletta, R-Watertown, was the ranking member of the housing committee at the time of the fire.

As a legislator, Joe Polletta gained a reputation as a strong advocate for landlords, often criticizing tenants' rights bills considered by the Housing Committee, saying they pit landlords and tenants against each other and violate landlords' rights.

In a written statement to the CT Mirror about the fatal fire, Joe Polletta said his father owned the home “independently.”

“The tragic passing of Josh DeJesus has been deeply saddening and has caused pain among his family, friends and my father,” Joe Polletta wrote. “My heart goes out to Josh’s loved ones and I offer my deepest condolences for their loss as well as the continued prayers of my family.”

Guiseppe Polletta has already settled a claim filed by the DeJesus family, paying them a $1 million insurance settlement.

During Monday's hearing, Judge D'Andrea asked attorneys about the timing of that payment in relation to the current lawsuit, filed in January.

Torrington attorney William J. Ward, who represents the DeJesus family, told the judge the settlement with Polletta occurred before the lawsuit was filed. The city's motion put Ward in the position of pleading on Polletta's behalf, even though family members told police the night of the fire that they blamed him for Joshua's death and that the apartment was a “fire trap”.

Ward said adding Polletta to the case would be unfair to the family because the lawsuit was filed against the city and now they want Polletta to help them pay.

“They say the landlord is responsible for a substantial portion of the damages caused by the plaintiffs in this case,” Ward said.

The lawsuit against the city alleges that Watertown officials “should have known that the home was being used illegally as a three-story family residence, not in compliance with state fire and building codes.”

The lawsuit claims that Guiseppe Polletta failed to obtain proper permits for third-floor accommodation and that “at no time between July 2015 and the January 2022 fire” were the premises inspected or re-inspected to verify their compliance with national fire and building codes” by city. civil servants.

The lawsuit alleges that the rear stairs were DeJesus' only means of egress from the apartment, which violates state building and fire codes, and that the second and third floor apartments should have had sprinklers installed by law. City officials also never determined whether the home had working smoke detectors.

The city filed a request in May with D'Andrea seeking to add Guiseppe Polletta as a third-party plaintiff because “he should be held responsible” for DeJesus' death.

The motion argued that Polletta failed to obtain a certificate of occupancy for the third floor apartment where DeJesus lived for several years and that he made a number of additions to the house without requesting the appropriate permits.

The city argued that Polletta “knowingly failed to apply for appropriate permits” and that through his “negligence, recklessness and/or imprudence” he was just as responsible, if not more so, than the city for DeJesus' death .

Guiseppe Polletta was not represented at Monday's hearing since he is not yet a party to the trial.

But his attorney, Ryan McGuigan, disputed that Dejesus was in the house at the time of the fire, arguing that evidence shows he was outside.

McGuigan pointed to the autopsy that showed DeJesus had no broken or fractured bones — unlikely, McGuigan said, if he had jumped or fallen from the third floor.

“The fire clearly started outside the house and spread quickly because there were flammable materials everywhere,” McGuigan said. “He must have fallen asleep in his car or truck in the driveway and tried to get out when he saw the fire and died.”

DeJesus' body was found under a pile of rubble where the back porch collapsed. He was burned so badly that he was only identified through DNA testing.

Dave Altimari and Ginny Monk are reporters for The Connecticut Mirror ( ). Copyright 2024 © The Connecticut Mirror.