2 children died in a Gulfport apartment fire. The smoke detectors never went off, lawsuit says
A Harrison County family that lost two children in a January fire has filed a lawsuit against the Gulfport apartment complex where they lived, claiming the building’s owners were negligent because the smoke detectors there did not work.
Two of Shanquetta Smith and Keiarius Aubrey’s children died during the Jan. 25 fire.
The victims were Vashun Viverette, 6, and Kakashi Aubrey, a 4-day-old baby. At the time, Coroner Britan Switzer said the cause of death was smoke inhalation and neither child had burns or other injuries. Two other children safely escaped the fire.
Last week, Smith, Aubrey and their four children sued Summit William Bell Apartments, Ltd. and Envolve Community Management, LLC, both operated from Montgomery, Alabama. They have asked a judge for both compensatory and punitive damages.
In the suit, Aubrey said he awoke to find his apartment filled with smoke and called out to his wife, with no response. He got up to investigate the fire, then attempted to make his way back to Smith, but the smoke became so dense he could not see. Aubrey was able to reach only one of his daughters and took her outside, where he told officers that others were still inside.
Everyone involved in the fire was eventually taken to a hospital for treatment, including Shanquetta Aubrey.
“Upon belief and information, the smoke detectors inside the residence did not function,” the lawsuit said. “The fire started in the kitchen and first appeared on the stove-top before engulfing the entire floor. The incident was a direct result of the defendants’ collective negligence, including, but not limited to, failure to keep the property in a safe condition ... failure to warn the plaintiffs of the hazardous and unsafe condition” and “failure to properly maintain the facilities in good working order.”
At least one person who lived at the apartment complex told the Sun Herald in January they did not hear smoke detector alarms at the time of the fire.
A lawsuit represents only one side of a legal argument. The apartments and its owners have yet to respond to the suit.
This story was originally published June 15, 2023 at 7:30 AM.