Father of girls killed in Christmas Day fire sues city, ex-wife's boyfriend

Eduardo Munoz / Reuters

Matthew Badger, left, and Madonna Badger cry during the arrival of their daughters' caskets during their funeral service Jan. 5 in New York.

The father of the three girls killed in a Christmas morning house fire has sued the city of Stamford, Conn., his ex-wife's contractor boyfriend and several others who did work on the home, saying they all had roles into making it into a "firetrap."

Matthew Badger's lawsuit, filed Wednesday in Superior Court, alleges that contractor Michael Borcina failed to install a smoke detection system while doing renovations on the $1.7 million Victorian house in Stamford. Borcina escaped the blaze along with the girls' mother.

The fire killed 7-year-old twins Grace and Sarah Badger, 9-year-old Lily Badger, and their grandparents Lomer and Pauline Johnson.

The lawsuit alleges that Borcina was to oversee installation of a hard-wired smoke detection system after beginning renovations at the three-story waterfront home but failed to complete the project as scheduled in April 2011 and left the ground floor without heating.


"The girls died before they could escape the home, which had become a firetrap as a result of months of substandard construction leading up to the fire," according to the lawsuit, which was first reported by The Stamford Advocate.

The lawsuit also says city officials knew or should have known that Borcina served as the home's general contractor but didn't have a state home improvement contractor's license.

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Borcina's criminal attorney, Eugene Riccio, said Thursday that another attorney was being hired to handle the civil case. Stamford's director of legal affairs, Joseph Capalbo, declined to comment.

The home's architect, electrician and general contractor listed on the building permit were included as defendants.

No criminal charges in Christmas fire

Last month, Stamford State's Attorney David Cohen said he found no criminal negligence in investigating the fire, which has been blamed on a bag of fireplace ashes that had been discarded in a mudroom.

The grandparents' estates have notified the city of their intent to sue.

Man died trying to save granddaughter

The girls' mother, Madonna Badger, told NBC's "Today" show last month that the bag of ashes didn't seem dangerous because Borcina ran his hands over them before putting them on top of a plastic bin.

Madonna Badger, the mom who lost her three daughters and parents in a Christmas fire, speaks exclusively to Matt Lauer about the blaze that overtook her Connecticut home in December 2011.

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It is a real tragedy for this man but suing everybody that has done any work at the house is nuts. They need to find exactly who was responsible instead of going after everybody just to see who has the deepest pockets. I wouldn't be surprised if the plumber gets sued also because he did not supervise the electrician or whoever was supposed to wire the smoke detector.

The reason they died is because they chose to stay in a house that was torn to pieces for the huge renovation going on. They had to know that some things were not functioning at this time. everyone is to blame except for the person that accidentally started the fire.

  • 29 votes
#1 - Thu Jul 12, 2012 12:20 PM EDT

The man's kids were killed, and he likely wants revenge. I can't say I blame him. If the state isn't going to pursue criminal charges, civil is all that's left ... legally.

If someone's neglect killed my daughter, I'd do everything humanly possible to destory the person's life who I felt was responsible for it.

  • 53 votes
#1.1 - Thu Jul 12, 2012 12:51 PM EDT
Comment author avatarBillyRayValentineExpand Comment Comment collapsed by the community

Hey half-wit, the person who carelessly started the fire was the very same contractor overseeing the home's gut renovation, and who had to have known that there were no working alarms or smoke detectors. His name is Michael Borcina. And after his role in the death of Mr. Badger's children, this unbelievable disaster of a human being had the temerity to not only attend the funeral, but stand two feet behind Mr. Badger as he consoled Mrs. Badger.

If those girls had been mine, Borcina would not be alive today.

  • 41 votes
#1.2 - Thu Jul 12, 2012 12:54 PM EDT
Comment author avatarTommy TwochipsExpand Comment Comment collapsed by the community

"Just tell me the truth now, was it Borcina or Tattaglia?"

  • 2 votes
#1.3 - Thu Jul 12, 2012 12:56 PM EDT

I am so sorry for this mans loss. However, she decided to stay in a home that was under renovation. She as a parent also needs to share in some of the responsibility for deciding to stay there. Who leaves fire place ashes in the house even if you think they are cool enough. They belong in a metal container outside of the home.

I do feel that the contractor made a big mistake and I can see this being a reasonable lawsuit, what I don't understand is how with the permit having been pulled, why they were allowed to stay in the home with out working alarms nor proper heat. If inspections had been made, they should not have been give a Certificate of Occupancy to allow them to stay there. So where the proper inspections made?

  • 21 votes
#1.4 - Thu Jul 12, 2012 1:03 PM EDT
Comment author avatarBillyRayValentineExpand Comment Comment collapsed by the community

Good God jlmyers72: What is with the number of morons who feel compelled to comment on something about which they're totally, completely and utterly ignorant?!?!?

The father, having been dumped by rthe mother, was at his own apartment in NYC. It was the mother's boyfriend (the contractor working on the house) who was staying there and started the fire.

For ef's sake, what gives with you imbeciles!!!

  • 4 votes
#1.5 - Thu Jul 12, 2012 1:08 PM EDT

Good God Billy Ray, I said SHE as in the mother, NOT HE as in the Father. Maybe YOU Should learn to read. My point was SHE as in the Mother needs to be held accountable TOO.

  • 42 votes
#1.6 - Thu Jul 12, 2012 1:10 PM EDT

They do know what was responsible. The boyfriend foolishly put hot embers and ashes in a bag and left it in the house.

I don't mean to be harsh, but dumping hot ashes in a bag without making sure they were extinguished with water was extremely poor judgement. I never had to dispose of fireplace embers, but I know that is NOT how you do it. You just can't take chances like that. If I use a match to light a candle, I run it under water to make sure it's no longer burning before throwing it in the trash.

Sadly, I am not judging him for suing and he probably has a case for negligence of some kind, but I don't think winning a law suit will make his pain any more bearable.

  • 31 votes
#1.7 - Thu Jul 12, 2012 1:10 PM EDT

jlmyers72: the man/father didn't live in the home, he and his wife were no longer together. You are correct on the fact that the contractor/boyfriend made a big mistake and the father's lawsuit is reasonable.

This is not revenge, it is a father trying to hold those accountable for their lack of care so other families won't suffer what he has. He is 100% justified in filing suit. The boyfriend/contractor should have been licensed and the GC on the project should have verified that before hiring him - but the article is confusing... the suit claims the state should have know Borcina was the GC and the article writer states the GC is included in the suit as a defendant. Are we talking about one and the same?

  • 12 votes
#1.8 - Thu Jul 12, 2012 1:15 PM EDT

How about the idiot who put the ashes in the paper bag.

  • 6 votes
#1.9 - Thu Jul 12, 2012 1:17 PM EDT

and a smoke detector is $9 at the home depot.

(lightening strikes...and i'm going to sue god.)

  • 11 votes
#1.10 - Thu Jul 12, 2012 1:21 PM EDT

jlmyers72: Glad to see you caught your mistake and edited your original post, but it initially read "I am so sorry for this mans loss. However, he decided to stay in a home that was under renovation..."

Which is what provoked my response to you.

  • 6 votes
#1.11 - Thu Jul 12, 2012 1:35 PM EDT
Comment author avatarBillyRayValentineExpand Comment Comment collapsed by the community

Oh and jlmyers72: While catching your mistake is good, your little hissy fit of righteous indignation regarding who needs to "learn to read" is rather pathetic. As Work harder, work more corrected you as well (pre-edit):"the man/father didn't live in the home, he and his wife were no longer together."

You know what your post initially said before you edited it, so stuff it.

  • 8 votes
#1.12 - Thu Jul 12, 2012 1:42 PM EDT

Billy Ray, before you start yet again, learn to read and RE-read....jlmyers72 said originally that he was sorry for the man's loss. However SHE decided to stay in a home....

  • 8 votes
#1.13 - Thu Jul 12, 2012 1:48 PM EDT

@Dee, once or twice a year our fire department gives them out for free, as do many other fire departments. Either way, free or $9, no excuse not to have them in a million dollar house.

  • 8 votes
#1.14 - Thu Jul 12, 2012 1:49 PM EDT

Another sad story with a sadder end, not only do ya get to lose your children and your parents now we have the angry spouse who needs to blame someone for the loss of the kids, Its a hard thing to put aside your emotions in these times......No amount of money is going to bring back your children...They need to have a full investigation before jumping to conclusions.......I couldnt imagine life without my kids....Its a sad state of affairs on all sides.....No winners except for the attorneys who will have to debate in a court of law for the next several months......

  • 5 votes
#1.15 - Thu Jul 12, 2012 1:49 PM EDT

It was an absolute tragedy and my deepest sympathy for the family and their heart-breaking loss. But, the fire was caused by a bucket of hot fireplace ashes that the mother placed on the back porch, because the children were concerned that Santa Claus couldn't get down the chimney with a hot fire. the State of Connecticut, after a thorough investigation, stated that it is not a criminal offense and no-one, including the contractors on the home, will be prosecuted. I understand that he is grieving, but the mother has already tries to committ suicide, does the father belive that suing a woman who is grieving the loss of her children and parents, will end in any good or a fat bank account will bring back his children? It was a tragic accident. Not something to sue over.

  • 7 votes
#1.16 - Thu Jul 12, 2012 1:58 PM EDT

What a tragedy. I cannot imagine his grief at losing the children and the heartbreak. Yet still, if he was to have this detection system installed wouldn't he ensure it was there and in working order? Further if he knew the contracter was not properly licensed why would he hire them? I hope not to save a dollar or two. I'm very sorry for the gentleman and his family.

    #1.17 - Thu Jul 12, 2012 2:02 PM EDT

    No NikkiNC, you are incorrect. The comment as it now appears was edited. Unfortunately, though, this posting system no longer makes a note of such edit. The original comment began "I am so sorry for this mans loss. However, he (bolding mine) decided to stay in a home that was under renovation..." That's a fact, and it's what prompted the response from Work harder, work more as well.

    "He" didn't decide any such thing, and anyone who places one iota of blame with him deserves nothing but scorn, as far as I'm concerned. The man lost his three beautiful girls. Who my children happened to have known, btw, if you'd like to know why this is particularly personal to me.

    • 3 votes
    #1.18 - Thu Jul 12, 2012 2:05 PM EDT

    Beth, the father is not suing the mother, and it was not the mother who placed the ashes, and I believe the article stated they were placed by the contractor in a bag in the mud room, not in a bucket, and not on the back porch. Where are you getting your information?

    • 6 votes
    #1.19 - Thu Jul 12, 2012 2:13 PM EDT

    Hey Billy, i know its not easy to lose someone whos close to the family, it wont help you getting upset over other bloggers and there comments try not to take it personally, I cant imagine what your feeling dude but it does get better........ :)

    • 2 votes
    #1.20 - Thu Jul 12, 2012 2:15 PM EDT

    OMG, does anyone how to read.

    The father and mother are divorced, the mother had her boyfriend renovate the house, it was not complete. The same guy put what he thought were cold ashes in a bag before going to bed. They weren't, and the house burned to the ground.

    It's the boyfriend fault, but not because he didn't have smoke alarms, but because he didn't put the ashes outside. But it was an accident, and for the father to win he's going to have to prove that smoke detectors would have prevented the children's deaths.

    • 2 votes
    #1.21 - Thu Jul 12, 2012 2:20 PM EDT

    I just love how this nation has become a 2 party system. You have your suers and sue-es. (Pronounced as in where @!$%# flows and being called to the trough), All the Law Monkeys are dancing in a Kool-aid induced trance to the sounds of a song from Hair, This is the dawning of the Age of Litigation.

    • 5 votes
    #1.22 - Thu Jul 12, 2012 2:36 PM EDT

    reanderson2133: Very wise words, friend. Just very difficult to not react to the ignorance, particularly when you know that Mr. Badger deserves ZERO criticism over any of this. The man's life was destroyed.

    Your kind words are greatly appreciated.

    • 6 votes
    #1.23 - Thu Jul 12, 2012 2:42 PM EDT

    Billy:

    Sorry to burst your bubble but Jlmyers has a valid point - the City should have been performing required inspections of the house (framing, wiring, etc) as the work progressed. A certificate of Occupancy would only be given when the project was complete however - not before.

    • 3 votes
    #1.24 - Thu Jul 12, 2012 3:11 PM EDT

    The boyfriend was completely responsible for what happened. First, he was illegally acting as the general contractor for the renovation of the home when he did not hold a contractors license. The only way you are allowed to do this is if you are the homeowner, which he was definitely not. Second, he failed to install smoke detectors that would have alerted everyone to the fire in time for them to get out safely. Third, he was allowing people to live in a home that could not have had a certificate of occupancy and was not legally fit to be occupied. Had he been a licensed contractor he would have known that the house was not fit to live in and understood the safety reasons for the restrictions. Knowing and following these rules would have prevented this tragedy. And lastly, he was the idiot who put fireplace ashes into a paper bag without making sure they were fully extinguished and left the bag inside the home. This is just completely negligent and something that anyone with any common sense at all would have known not to do. This guy is responsible for the death of the children and their grandparents on so many levels.

    The father has every right to bring suit against this guy for the wrongful death of his children. It will not bring his children back, but it will definitely make sure that this guy never works as a contractor again and places other people's lives at risk through his lack of knowledge and negligent actions. As for suing the city, he has a pretty good case there as well. The building permits should never have been issued to an unlicensed general contractor. In addition, the building inspector should have insured that no one was living in the house and that it was understood that the existing certificate of occupancy was revoked until the renovations were completed. As for including other construction companies involved in the renovations, that is a little bit more difficult case to make and depends on their level of responsibility for any hazardous conditions that existed in the home as well as their liability for performing work that they knew they should not be doing while people were still living in the home.

    • 8 votes
    #1.25 - Thu Jul 12, 2012 3:31 PM EDT

    I saw something on TV about how the City, I believe, had the house torn down right away, before any investigating could be done about wiring, etc. (there were reports of sparking on the house when they got outside); the police asked her why she had the house demolished, and she said that SHE didn't.... wonder if there were code issues? So sorry for all involved.

    • 2 votes
    #1.26 - Thu Jul 12, 2012 3:42 PM EDT

    Last month, Stamford State's Attorney David Cohen said he found no criminal negligence in investigating the fire, which has been blamed on a bag of fireplace ashes that had been discarded in a mudroom.

    The girls' mother, Madonna Badger, told NBC's "Today" show last month that the bag of ashes didn't seem dangerous because Borcina ran his hands over them before putting them on top of a plastic bin.

    i think i can sum this up in 1 word....dumbf#(k! ya, he ran his hand over the top of the ashes, lol. for a contractor he isnt too bright now is he? if i were those kid's father, strait up i would be doing the same thing he is now, rake them over the coals... maybe next time dip@!$%# might put them in a safe location next time, but doubt it.

    if work on the downstairs was supposed to be completed in April, and it was end o' dec, and still no heat downstairs? maybe instead of rockin ma-ma's booty, he should have finished rocking the house? even if parts were on back order, way way too long past due.

    then seeing how he was living with his wife, and doing her, i mean her home... guessing he didnt have a job, nor a pot to piss in.... but he will own the guy till one dies off. and yes... all those listed in the lawsuit, have a right to be drug into court and sued as well....

    you pay some one to do a job other than banging your ex ol lady, you exspect it done, on time or within reason unless you are in the union.

    hot ashes on a plastic bin/tub/who cares... the guy killed 3 kids inadvertantly, by his own long term doing, and should be held accountable in some fashion, period. no matter how sry he is...

      #1.27 - Thu Jul 12, 2012 4:10 PM EDT

      This has been such a sad story. It was a local event, as such the area news stations carried the story frequently. I'll never forget the picture of those sweet little girls perched on Santa's lap.

      So tragic, a 1,000 time moreso on a holiday.

      Maybe it's just me but no amount of legal proceedings will ever bring them back.

      RIP, little ones.

        #1.28 - Thu Jul 12, 2012 4:24 PM EDT

        i'd be really curious to know if permits were pulled and inspections were done.

        the fact that the CITY tore this house down before a full and proper investigation was done says a lot. I've seen houses burned down in my area, and some stay like that for a long time as insurance companies do full inspections.

        dont tell me this one didnt warrant a long and thorough investigation when 3 kids and 2 grandparents die, while 2 others seem to escape just fine.

        I burn fires every winter, i would never even CONSIDER pulling the ashes out before they cool (the next day) and if I ever did pull them out early, it would be in a metal container, and watered down, and then placed outside.

        you dont have to be a super smart person to figure that out...just employ a small amount of common sense.

        the mom failed those kids miserably, and I hope she knows that. i wouldnt attempt suicide, i'd fully do it.

        • 3 votes
        #1.29 - Thu Jul 12, 2012 4:45 PM EDT

        As angry as I am right now at the mother I will give her a pass because she is living through hell everyday. Her life has changed forever and for the worse. The joy of living is completely gone for her. All her kids and her parents? The mother is going through unbearable pain everyday.

        The guy on the other hand needs to rot. He doesn't feel the same pain this mother feels.

          #1.30 - Thu Jul 12, 2012 5:02 PM EDT

          Good grief. This lawsuit is all about blood money and revenge. And how is that going to help the grieving father? Destroying this idiot's life, and putting recent ashes into a paper bag inside a house certainly qualifies him as an idiot, isn't going to bring back the kids. And enjoying spending money gotten as the result of my kids dying would be something that I couldn't do, and I doubt the father can either. So, what is the point of this lawsuit? The father needs to get on with his life with its terrible new reality and not go down the road of "what-ifs". That path is not good for him. And, anyone who wants to start taking shots at me for not understanding what it feels like to lose a child because of another's actions, don't. I've been there, done that, didn't like it.

          • 1 vote
          #1.31 - Thu Jul 12, 2012 5:16 PM EDT

          @wjrust

          I think the message of the law suit is to make sure the city take all the steps necesary in future to prevent things like this from happening as well as make sure the idiot boyfriend won't work as a contractor again. I can't say what I would do, the money to me isn't the point. But I think that's all the father got left is to hold those responsible accountable.

            #1.32 - Thu Jul 12, 2012 5:25 PM EDT

            The purpose of any lawsuit is compensation for damages and punishing people for doing stuff that knew was stupid or illegal. Suing the city, in this case, is going after deep pockets.

            Living in a house under renovations is not necessarily unreasonably dangerous. I grew up living in a house with no smoke detector, they hadn't been invented yet, and it wasn't unreasonably dangerous. Putting ashes in a paper bag and leaving it inside a house exposed to plastic and wood IS unreasonably dangerous. The guy who did it IS an idiot for doing that.

            But there is no way to legislate that people have commonsense. If you want to legislate, pass a law that says its illegal to act stupidly.

            The guy who put the ashes in the bag is now either in a hell of his own making or he has no soul. If there is a crime here, prosecute him and send him off to jail. If not, leave him alone and spend all the energy that you are showing here on your family and friends. But stop calling for revenge; that's bad karma and will wind up hitting you right between the eyes.

            • 1 vote
            #1.33 - Thu Jul 12, 2012 5:40 PM EDT

            BillyRayValentine - Hey, genius, this posting system only allows a few minutes to edit a post. Once that time elapses, there is no way that anyone can go back and change what he has written. The poster whom you are accusing of changing "he" to "she" could not have done so after a short period of time. It is highly unlikely that you read the post before time for making the change had lapsed. Stop making yourself look more and more like a fool by continuing to harp on it. You did not read the post correctly and made a mistake by criticizing the author. Period. Anyone who gets so upset over such an insignificant error on his part and who resorts to name calling on a public medium the way that you did has deep problems.

            Last month, Stamford State's Attorney David Cohen said he found no criminal negligence in investigating the fire,

            The vast majority of the rest of you have no reason to criticize the mother, the boyfriend or anyone else because you would have done the same thing. It was Christmas time. You would want to be in your home even if it were under renovation, unless there was so little heat that the place was unbearable. A fire alarm would not have even crossed your mind. If it did, you would figure that nothing would happen during the span of a few days. The attorney general has already determined that there is no criminal negligence. Doesn't that mean anything to any of you? The father is being petty and malicious by trying to sue everyone involved in the renovation. It isn't going to bring back his children. It's only going to draw out the mental suffering and anguish. The boyfriend made a stupid mistake. Period. Mistakes happen. We all make them.

              #1.34 - Thu Jul 12, 2012 5:48 PM EDT

              Hey abc you talk about billy being critical, you seem preety critical yourself, If these were your kids you would be ready to sue also, can you imagine losing your kids in this manner or any manner at that, try to put yourself in there shoes before you write, there should be a consequence to this mistake not a oh my bad sorry about the kids and the grandparents.......

                #1.35 - Fri Jul 13, 2012 8:41 AM EDT

                ABCzyx: Sigh. No moron, like so many others on this thread, you haven't the faintest clue what you're talking about. Once you enter a post here, you have three minutes to begin the process of making an edit. Once you open the edit box, you then have 5 minutes to actually enter the changes. Which means you have, in the aggregate, 8 minutes to edit any and every post you enter.

                Now, as I was responding to comments in real time (while doing other things as well), as soon as jlmyers72's initial comment appeared, I began my response. By the time I hit enter, the time discrepancy between his/her comment and my response was 5 minutes - an amount lengthened by the fact that I was interrupted by a call while typing, but well within the 8 minute window nonetheless, you unbelievable half-wit.

                As for your contention that there's "no reason to criticize the mother, the boyfriend or anyone else because you would have done the same thing" and that "the father is being petty and malicious" for doing so, all I can say is that you are an absolute piece of garbage. A truly reprehensible human being. Do you have any kids, eftard? Would you be all "oh well, stuff happens" and shrug it off if some imbecile killed them through his own negligence? And then showed up the funeral to console your wife? For some reason I doubt it.

                • 2 votes
                #1.36 - Fri Jul 13, 2012 1:08 PM EDT

                "The boyfriend made a stupid mistake. Period. Mistakes happen. We all make them."

                This particular mistake cost three children their lives, for ef's sake. Your cavalier attitude about this fact is truly unbelievable. Do the world a favor and please stay far, far away from children. And whatever you do, PLEASE don't reproduce.

                • 2 votes
                #1.37 - Fri Jul 13, 2012 1:20 PM EDT
                Reply

                Good he should sue! Any contractor that is a real contractor would never have let those people on the top floor of that house without several ways to escape.

                Too bad he can't sue his ex as well. How stupid can a mother get to not take precautions when it comes to the children and family?

                I still think this whole thing stinks of fraud that went terrible wrong.

                • 11 votes
                Reply#2 - Thu Jul 12, 2012 12:29 PM EDT

                Good he should sue! Any contractor that is a real contractor would never have let those people on the top floor of that house without several ways to escape.

                Putting your comments in bold won't make you sound smart.

                This case is a warning to all of those who wish to do business with unlicensed contractors.

                • 5 votes
                #2.1 - Thu Jul 12, 2012 1:26 PM EDT

                Dumb, exactly how many escape routes do most houses have, one, the stairs.

                And the contractor was staying on the second floor, who just happen to risk his own life trying to save the girls on the third floor.

                  #2.2 - Thu Jul 12, 2012 2:24 PM EDT

                  This had nothing to do with the construction, except for not installing smoke alarms. It was hot coals that we're left in a bag, that ignited.

                  • 1 vote
                  #2.3 - Thu Jul 12, 2012 3:39 PM EDT

                  I think what boom is saying is that don't hook up with unlicensed contractors as well as do business. Because there is probably a valid reason they aren't licensed. In this incident it goes to show the contractor/boyfriend was a dumb heap of crap.

                    #2.4 - Thu Jul 12, 2012 5:28 PM EDT
                    Reply

                    Terrible tragedy, but this sounds like another case of "anyone's fault but mine". The city should have known the contractor was unlicensed? Why didn't Mr. Badger know? Why didn't he ask? My heart goes out to the family, but this is nuts.

                    • 7 votes
                    Reply#3 - Thu Jul 12, 2012 12:29 PM EDT

                    Correct me if I'm wrong but can't anyone be considered the General contractor regardless of any licensing as long as the actual contractors hired to do the actual work are licensed in that particular area?

                    • 2 votes
                    #3.1 - Thu Jul 12, 2012 12:39 PM EDT

                    Duplicate

                    • 1 vote
                    #3.2 - Thu Jul 12, 2012 12:40 PM EDT

                    since it was the ex-MRS. Badger's home, why would Mr. Badger be involved in the renovations? the mom should of had more considerations for her family and not of been staying at the home while work was being done. My heart goes out to the parent on the loss of their kids.

                    • 6 votes
                    #3.3 - Thu Jul 12, 2012 12:48 PM EDT
                    Comment author avatarBillyRayValentineExpand Comment Comment collapsed by the community

                    Hey BinNH: Since you OBVIOUSLY haven't the faintest clue what you're talkiing about, maybe you should just keep your yap shut. Did that ever occur to you, moron?

                    FYI, Mrs. Badger had dumped her husband. While he was still living in NYC, SHE was shacking up with her contractor, this Borcina tool, who was doing the gut renovation on the home that burned to the ground. And it was HE who removed smoldering ashes from the fireplace and left them inside (or at least in very close proximity) to the house, which HE had to have known did not have working smoke detectors or alarms.

                    To suggest that Mr. Badger is in any way responsible for wHAt transpired is ludicrous. And offensive to anyone with a brain.

                    • 13 votes
                    #3.4 - Thu Jul 12, 2012 12:49 PM EDT

                    Scalzo: Im not sure in NY but where I have worked Its the contractor that has to be licensed, the people that the work is subbed to have to have some one that is licensed, helpers and journeymen working for the contractor/sub contractor however do not.

                      #3.5 - Thu Jul 12, 2012 1:15 PM EDT

                      BillyRay: the article doesn't state who was actually PAYING for the renovations. The article also DOES NOT SAY Mr Badger was living in New York.

                      so maybe YOU should shut your yap.

                        #3.6 - Thu Jul 12, 2012 1:55 PM EDT

                        Because it was not his home , do you have a reading comprehension problem ?

                        • 1 vote
                        #3.7 - Thu Jul 12, 2012 3:44 PM EDT

                        @BinNH

                        Hmmmm......I'm gonna have to agree with BillyRay's fury on your post. This is not the classic "spill hot coffee on yourself, while driving and sueing McDees"

                          #3.8 - Thu Jul 12, 2012 5:32 PM EDT

                          mb-757763: If you're unsure of ANY of the facts surrounding this case, feel free to avail yourself of Google. It's pretty easy, actually. See, unlike so many people here, I actually prefer to make sure I know what I'm talking about before I offer up my 2 cents. No such restrictions with you, I see.

                          • 1 vote
                          #3.9 - Fri Jul 13, 2012 2:43 PM EDT
                          Reply

                          The lazy boyfriend is the culprit.I hope mom like him a lot,it's all she's got.If I was the father I would've already killed him

                          • 7 votes
                          Reply#4 - Thu Jul 12, 2012 12:30 PM EDT

                          Classic " Blame Therapy ".... Everyones fault eccept his own.

                          He knew his house had no fire alarms which he could have bought plug in or battery ones himself at home depot etc.

                          He started the fire through his negligence. ( My dizzy stepmom started fires THREE TIMES with fire place ashes.)

                            Reply#5 - Thu Jul 12, 2012 12:30 PM EDT

                            I seem to remember there were detectors but they didn't hear them.

                              #5.1 - Thu Jul 12, 2012 12:50 PM EDT

                              wasn't his house it was the ex Mrs. Badgers....they were divorced, the boyfriend and mom knew they didn't have working alarms.

                              • 7 votes
                              #5.2 - Thu Jul 12, 2012 12:50 PM EDT

                              Next time read the article tangeant2, then comment. Until then, you may want to remove the foot from your mouth.

                              • 11 votes
                              #5.3 - Thu Jul 12, 2012 12:54 PM EDT

                              My thoughts exactly. So he sues the city so it has less money for the fire department.. Good call.

                              You would also have to be a damned fool to burn wood and not have some form of smoke alarm or a place outside to put hot ashes.

                              When it comes right down to it, sounds to me like he can't deal with the fact that he killed those girls with a moment of lazyness.

                                #5.4 - Thu Jul 12, 2012 12:57 PM EDT
                                Comment author avatarBillyRayValentineExpand Comment Comment collapsed by the community

                                tangeant2: So let me get this straight. Mrs. Badger dumps Mr. Badger. While Mr. Badger remains living in NYC, Mrs. Badger takes their kids to her new home, which in the middle of a gut renovation, where she also shacks up with the contractor overseeing the renovation. After said contractor's carelessness/negligence leads to a fire that kills the children, you in your infinite wisdom see fit to lay the blame at Mr Badger's doorstep???

                                Highy offensive stuff, you pathetic excuse for a human being.

                                • 19 votes
                                #5.5 - Thu Jul 12, 2012 12:59 PM EDT

                                haterofstupid: The irony of your handle would be amusing if your ignorance weren't so revolting.

                                • 17 votes
                                #5.6 - Thu Jul 12, 2012 1:04 PM EDT

                                You take your life safety systems off-line and then live in the home with your children. This is moronic and both the mother and her contractor boyfriend need to be held accountable. If the boyfriend was truely over-seeing the construction, then he should be sued a long with the electrician and the city. The electricians are required by law to uphold all code requirements, "during construction" mandates by the State, ect.. And where was the City's Building Inspector?

                                None of these people should have died. The two people that lived are the main reasons this happened. I don't think this man cares about the money so much as making sure the contractors never work again and teach the City that perhaps they need to do the job (permitting, inspecting, etc) the tax payers pay them to do.

                                • 2 votes
                                #5.7 - Thu Jul 12, 2012 1:37 PM EDT

                                When it comes right down to it, sounds to me like he can't deal with the fact that he killed those girls with a moment of lazyness.

                                When it comes right down to it, your moment of laziness in not reading the article makes you look foolish with that name of yours. Now don't you just hate yourself? Oh, wait. Maybe you did read it but just have a reading comprehension problem. Which is it?

                                • 5 votes
                                #5.8 - Thu Jul 12, 2012 1:42 PM EDT

                                Mike:

                                None of these people should have died. The two people that lived are the main reasons this happened. I don't think this man cares about the money so much as making sure the contractors never work again and teach the City that perhaps they need to do the job (permitting, inspecting, etc) the tax payers pay them to do.

                                Absolutely. You hit the nail on the head. A big step in healing (if it's ever possible to do so after losing your 3 children) is to hold those responsible accountable for their actions. This is the only way to do it for this man. I believe he's doing the right thing and this is in no way a frivolous law suit by any stretch of the imagination.

                                • 5 votes
                                #5.9 - Thu Jul 12, 2012 1:46 PM EDT

                                Tangeant2...

                                I and my family have burned wood during the winter for years. You are correct, just passing ones hands over ashes to see if they are hot is an invitation to disaster. I once cleaned out the ashes from my wood burner after having not had a fire for a day. Made the mistake of dumping them into a plastic 5 gallon bucket because they seemed to be cool and placing them outside. About 5 hours later I went outside to get firewood only to see the top of the bucket melted and on fire. So much for just the 'cool to the touch'. Needless to say, I no longer dump ashes into a plastic bucket for at least a week after placing them outside.

                                • 2 votes
                                #5.10 - Thu Jul 12, 2012 3:13 PM EDT

                                BillyRay, you are as much of an ego inflated ass as that cyrus fool.

                                • 1 vote
                                #5.11 - Thu Jul 12, 2012 4:25 PM EDT
                                Reply

                                Seems to me the mother is as responsible as anyone. How come he is not suing her? She hired an unlicensed contractor, let her family stay in a house that was not approved for occupancy, never checked the smoke detection system, did not properly extinguish the fire and dispose of the ashes It was not an accident. It was negligence on the part of the mother and her dumb boyfriend. No one could touch a bag of embers that had been burning for hours. They would still be smouldering. She is lying to cover up for her mistakes. Still a terrible tragedy and no one meant any harm. This mercenary father means harm.

                                • 11 votes
                                Reply#6 - Thu Jul 12, 2012 12:36 PM EDT
                                Reply
                                Comment author avatarScooter-3827831Expand Comment Comment collapsed by the community

                                The father caused the fire by being lazy & stupid . Now some lawyers see some deep pockets. Too bad all those greedy lawyers didn't die in the fire instead of the innocent kids.

                                • 3 votes
                                Reply#7 - Thu Jul 12, 2012 12:36 PM EDT

                                wasn't the father, it was the moms boyfriend and mom's house

                                • 5 votes
                                #7.1 - Thu Jul 12, 2012 12:52 PM EDT

                                You might consider reading an article before you comment on it Scooter.

                                It was pretty darn clear it wasn't the Father's house, and he wasn't even there, or had been there in a long time.

                                • 9 votes
                                #7.2 - Thu Jul 12, 2012 12:57 PM EDT

                                Scooter , its always a good idea to read and in your case re-read the article and then post your comment . It will cut down on the chances of you sounding foolish

                                • 1 vote
                                #7.3 - Thu Jul 12, 2012 3:47 PM EDT
                                Reply

                                While I am very sympathetic to the tragic loss, no one was killed because of the lack of smoke detectors. They died because of the "bag of fireplace ashes that had been discarded in a mudroom". This is what started the fire and this is what killed the people. You CAN NOT say for certain that if the smoke detectors were working that the people would have lived - but you CAN say for certain that they would be alive if the fire had not been started in the first place. I am tired of this "blame someone else" attitude that is crippling our society.

                                • 8 votes
                                Reply#8 - Thu Jul 12, 2012 12:37 PM EDT

                                Scooter, Lunatic, and all youse other lazy folks,

                                READ IT before you bleat it! This guy has a legit beef, sheesh!

                                • 9 votes
                                #8.1 - Thu Jul 12, 2012 1:00 PM EDT

                                Who says it couldn't have been proven they'd be alive?

                                Sure, without the bag of ashes this wouldn't of happened. But what if the bag was smoldering for an hour before it caught flame? That's an hour smoke detectors could have gone off and let everyone know to get the heck out or even just toss the bag outside before it caught the house fire.

                                Fires don't always go from nothing to ranging inferno in 10 seconds.

                                There isn't enough information in this article one way or the other, so you are just as bad in judging other's opinions.

                                • 2 votes
                                #8.2 - Thu Jul 12, 2012 1:01 PM EDT

                                Hey Lunatic: Mr. Badger was asleep at his home in NYC. It was the boyfriend/contractor hired by Mrs. Badger on HER house who started the fire, and who is now being sued by Mr. Badger. Once again, like so many others, your ignorance and stupidity is incredibly offensive. If you don't know the facts, try keeping your yap shut.

                                • 5 votes
                                #8.3 - Thu Jul 12, 2012 1:13 PM EDT

                                Actually Billy Ray, it's probably you that should keep your trap shut. Did you even bother to read Lunatic's pos?. He didn't say one word about Mr. Badger in it. He was simply stating that the lack of fire detectors may or may not have contributed to the deaths. I don't see anything in his statement that warrents your idiotic response.

                                • 1 vote
                                #8.4 - Thu Jul 12, 2012 2:08 PM EDT

                                ready2change: Apparently your comprehension skills ain't the best. The article is about Mr. Badger suing the creep boyfriend of his estranged wife, the one whose negligence started the fire. Now, when Lunatic says he's tired of this "blame someone else attitude", to whom would you surmise that comment is directed? Don't hurt yourself trying to figure it out...

                                • 3 votes
                                #8.5 - Thu Jul 12, 2012 2:20 PM EDT

                                Ok boys, settle down. I was mostly referring to them suing the city, not the boyfriend. But now that you mention him, why is the boyfriend suddenly a "creep"?

                                • 1 vote
                                #8.6 - Thu Jul 12, 2012 3:46 PM EDT

                                Legally there is a case, many places through-out the USA have had people sued for lack of proper legal fire and smoke detection devices. There is also the consideration of improper disposal of fire place materials. In most states placing any kind of ash into a bag is enough to proove negligence, perhaps not enough to proove criminal negligence I agree however proovable negligence is all that will be required in this case. To anyone who has a fireplace please be aware that the proper disposal of ash starts with an overnight colling and then transfer into a fire sure metal pail which should then be doused with water and kept away from the house or greenery. There is still the simpler fact that this individual used a fireplace in an semiopen drafty enviroment which makes it suprising an ember didn't pop and fly away long before this. Placing the 'bag' (flammable item) full of fire ash on a bin is surely negligent no matter how you look at it, to do so without fire and smoke detection devices in the immediate and then general area allowed the blaze to quicken (drafty floor level) and fill the entire downstairs with smoke and flames before anyone knew it was even going. Now tell me this, how did the mom and boyfriend get out and the mom leaves the kids behind? If this is parenting today I am glad I am not in the game.

                                As to the suit against the City, if the City allowed such a drastic reconstruction without knowing who they gave the permits too and did not investigate the Contractors involved the city actually is liable in civil matters. They cannot hide if they neglect the law they enforce (and charge money upon others) to obey or allow. It is a sad scenerio yet hopefully after all is done the lesson of ignorance is responsibility will be elarned, though I doubt it.

                                  #8.7 - Thu Jul 12, 2012 4:34 PM EDT

                                  " I am tired of this "blame someone else" attitude that is crippling our society."

                                  In this case, someone else was at fault. How much can Mr. Badger do to ensure the safety of his kids? The only thing would be to take the kids from the ex. It is the city's fault as well, seems they didn't do a good job. The boyfriend, the mom, the city are all at fault, there were steps they could have taken to stop this tragedy. But everyone put their responsibility on blind faith that it wouldn't happen.

                                    #8.8 - Thu Jul 12, 2012 5:19 PM EDT

                                    Oh come on punisher, that's absurd. Every city in the world has tens of thousands of buildings that are in much worse condition. It is not feasible or affordable to step in and stop every single tragedy that's about to happen. That's like saying that a policeman can be held liable for an accident if he didn't pull a car over that had a broken tail light.

                                    • 1 vote
                                    #8.9 - Thu Jul 12, 2012 10:18 PM EDT

                                    The Lunatic: "But now that you mention him, why is the boyfriend suddenly a "creep""

                                    Do you see the picture at the top of this story? See the gentleman in the upper right corner, whose face is only half visible? That's the boyfriend. The one whose negligence killed the Badger girls. Not only did he show up at the funeral, but he was steps away from Mr. Badger virtually the entire time. The man couldn't even grieve at his own kids' funeral without seeing the man whose carelessness killed them at every turn. That, to me, makes "creep" a serious understatement as to the man's character.

                                    And for anyone here who implies that Mr. Badger is trying to profit off of his kids' death, you should probably know that anything collected will undoubtedly go toward this:

                                    http://www.lilysarahgracefund.org/

                                    • 1 vote
                                    #8.10 - Fri Jul 13, 2012 2:40 PM EDT
                                    Reply

                                    Looks like the boyfriend now has Madonna Badger all to himself. No competition from her kids or parents. This has a bad smell to it, and it's not smoke.

                                    • 12 votes
                                    Reply#9 - Thu Jul 12, 2012 12:38 PM EDT

                                    Is anybody actually reading the story? The father was not at the home. It was not his home.

                                    • 11 votes
                                    Reply#10 - Thu Jul 12, 2012 12:42 PM EDT

                                    Reading is a lost art, just like writing. It's got to be under 160 characters or else people lose focus.

                                    • 1 vote
                                    #10.1 - Thu Jul 12, 2012 5:36 PM EDT
                                    Reply

                                    For those that are arguing against the father because he started the fire (scooter, tangeant,etc), read the article. It was the boyfriend that thought the ashes were safe, not the father. The father should sue him and the boyfriend should be glad he's still alive.

                                    • 4 votes
                                    Reply#11 - Thu Jul 12, 2012 12:46 PM EDT

                                    So the house was under construction. The family decided to stay there until completed? Why didn't the Mother have smoke detectors? It was her house? Did they remove all of them before construction? Also why sue everyone? The boyfriend placed hot coals in a paper bag and put them on the porch?? He caused the fire. and the mom knew the coals were on the porch so shes just as at fault. @Steven100 there were many windows on the top level to get out of? They were overcome with smoke before they were able to get to them. This country is sue happy these days. Its unreal...to me the mom has just as much responsibility in this... she had her family in a house with no smoke detectors, She saw where he placed the ashes that night and if she had 1.7 million for a home she could easily have afforded a rental home or hotel till the work was finished.

                                    • 1 vote
                                    Reply#12 - Thu Jul 12, 2012 12:47 PM EDT

                                    "Last month, Stamford State's Attorney David Cohen said he found no criminal negligence in investigating the fire, which has been blamed on a bag of fireplace ashes that had been discarded in a mudroom."

                                    "The girls' mother, Madonna Badger, told NBC's "Today" show last month that the bag of ashes didn't seem dangerous because Borcina ran his hands over them before putting them on top of a plastic bin."

                                    contractor Michael Borcina failed to install a smoke detection system while doing renovations on the $1.7 million Victorian house in Stamford. Borcina escaped the blaze along with the girls' mother.

                                    WOULDN'T THE STUPID PERSON WHO PUT A BAG OF ASHES ON TOP OF A PLASTIC BIN FEEL THE

                                    RESPONSIBILITY OF STARTING THE FIRE ?????????????? END OF STORY !

                                    • 7 votes
                                    Reply#13 - Thu Jul 12, 2012 12:52 PM EDT

                                    every day its just one more story of a lawsuit. the so called attorneys get richer and the tax payer as well as those of us who have insurance foot the bill. these ambulance chasers really need to be limited on what they receive from someone Else's misery.

                                    that the bag of ashes didn't seem dangerous because Borcina ran his hands over them before putting them on top of a plastic bin.

                                    yes its a prime example of supreme stupidity, but also a fine example of an accident. or are you dumb enough to believe it was planned?

                                    • 2 votes
                                    Reply#14 - Thu Jul 12, 2012 12:58 PM EDT

                                    Coulda been "planned" on a sub-conscious level: step parents to-be and home-wreckers - and this doofus appears to have been both - might just love to do away with the annoying kids. And, who the h*ll puts freshly removed ashes anywhere near a dwelling? That's beyond lazy, it's evil.

                                    • 1 vote
                                    #14.1 - Thu Jul 12, 2012 1:05 PM EDT

                                    I see. So Mr. Badger's three beautiful girls were killed by the negligence of his ex-wife's boyfriend, and when he sues you regard it as a case of "ambulance chasing"??? Shame on you, you sad excuse for a human being.

                                    • 3 votes
                                    #14.2 - Thu Jul 12, 2012 1:16 PM EDT

                                    Tommy, every damn thing is NOT a friggin conspiracy. accidents DO happen. as i said it was unbelievably stupid, however "subconscious thought" is a bit of a stretch, unless of course one wears a tinfoil bonnet.

                                    • 1 vote
                                    #14.3 - Thu Jul 12, 2012 1:18 PM EDT

                                    Mr BillyRay,

                                    Sad excuse? is that all you got? in each and every comment you make you insult someone yet i am the sad one ? moron,pathetic,stupid,lunatic, on and on and on. Get help.

                                    Simple question; do you own a mirror? Take a look. and when you have time take a look at the vines C.O.H. people get banned every day for less. as for myself i will simply ignore your post's.

                                    Good day sir.

                                      #14.4 - Thu Jul 12, 2012 1:37 PM EDT

                                      IA.ScooterTramp: Trivializing a tragedy in which three innocent children's lives were lost, implying that the grieving father is "ambulance chasing" for going after the supremely negligent party at fault, that he should just let it go since it was an "accident"...well, let's just say I stand by my earlier appraisal of the type of human being you are.

                                      • 3 votes
                                      #14.5 - Thu Jul 12, 2012 2:11 PM EDT

                                      You are making accusations without knowing all the facts. A civil suit is not a set amount of money and may not even include a monetary punnishment. It is generally the stigma that the accuser is looking for in this type of case and the coverage of legal fees. I have read countless suits like this where the suer recieves 1dollar (above legal fees) and mandates a public address and apology by the defendant. Your claim that tax payers foot the bill is ignorant and unfounded, the loser in the case will foot both sides of the bill as well as court fees. If you mean the money to pay judges and official legal representatives within the courthouse itself, would byou rather pay them (which is part of tax anyway) for sitting on their asses doing nothing? What drivel.

                                        #14.6 - Thu Jul 12, 2012 4:42 PM EDT

                                        "but also a fine example of an accident"

                                        An accident would be like two blind person running into one another. This was no accident.

                                          #14.7 - Thu Jul 12, 2012 5:41 PM EDT
                                          Reply

                                          Never put fireplace ashes anywhere inside or directly outside your home.

                                          Also - keep a close eye on family members who smoke outside. A friend I allowed to stay with me who smoked had put her cigarette out in a pile of mulch in a plant near my front door. Even though I asked her to smoke far away from the house.

                                          I smelled smoke one night - went outside and realized that the mulch was on fire and could have engulfed the entire house.

                                          Fire can destroy an entire house - and lives in an instant. I have heard enough fire stories to fill a lifetime but these are the ones that always stand out. Fireplace ashes being the worst of them.

                                          - A Fireman's Daughter

                                          • 7 votes
                                          Reply#15 - Thu Jul 12, 2012 12:59 PM EDT

                                          This story made me crazy when I first read it. Putting ashes from a recent fire in a paper bag? Have people lost their common sense? That is what metal ash cans were made for. We have changed their name to trash cans since they usually no long hold ashes. But you can still buy a metal can for ashes. If you are going to have a fireplace then it is up to you to learn about how to handle it safely. If you could not put you hand in the ashes and feel no heat then they were not safe to remove from the fireplace. I wonder why a wrongful death suit was not initiated if there were no criminal charges. Of course if you could charge someone with a crime for being stupid....

                                          So very sad for the children and grandparents, and my heart hurts for the suffering they endured, but suing will not bring them back. This is how the lawyers get rich and the rest of us get more laws, regulations and requirements to contend with. You can't legislate common sense...we need to teach it.

                                          • 3 votes
                                          Reply#16 - Thu Jul 12, 2012 1:00 PM EDT

                                          So let's see here, Pati. Say your husband leaves you, and shacks up with some bimbo who negligently starts a fire that ends the lives of your children.

                                          Would you just "let it go" because suing won't bring them back, or would you go after said bimbo with every legal weapon at your disposal?

                                          • 4 votes
                                          #16.1 - Thu Jul 12, 2012 1:19 PM EDT

                                          BILLY,I didn't think I was going to make it trying to read comments with your mouth flappin, Mr knowitall! I haven't heard this kind of childish name calling since grade school. I guess it's easier to sound intelligent when you make everyone else sound like a fool. If you want to join in the discussion maybe you should try acting civil or (grown-up). If you want to scream and cuss at people because your right about everything and were all idiots,maybe you should take it to a low life tavern were it can be appreciated.

                                          • 1 vote
                                          #16.2 - Thu Jul 12, 2012 3:30 PM EDT

                                          Lawyers only get rich if they win , the father is bringing this wrongful death case against those he feels are liable and if they win they get paid . Would you prefer a system where citizens have no recourse in the event off wrong doing either real or perceived . Its easy for you to say "suing will not bring them back " but they are not your kids.

                                            #16.3 - Thu Jul 12, 2012 4:01 PM EDT

                                            patti, if the suer in this case wins it will set up a case for wrongful death, whether it is then persued or not will be up to them. Unfortunetely wrongful death suits rarely garner deep (if any) jail time.

                                            Again, billyray, your ignorance bleeds through your arrogance. Posting the same trash on every post start is just so stupid. If you were not heard the first time you acted like the leader what makes you think people will hear you after the hundredth repeat just because it is on another post start? Such an idiot.

                                            • 1 vote
                                            #16.4 - Thu Jul 12, 2012 4:46 PM EDT

                                            Lore&Wisdom: "Unfortunetely wrongful death suits rarely garner deep (if any) jail time."

                                            Let's see. You make such a deeply ignorant statement as the above - reflecting a total lack of understanding about the difference between criminal and civil law - and you follow it up with an indictment of my ignorance??? That's rich.

                                            • 1 vote
                                            #16.5 - Fri Jul 13, 2012 2:31 PM EDT
                                            Reply

                                            They will never find out what happened. The city had the house torn down before the investigation was complete. The mother said she did not understand how that was possible. No one ever investigated the smoke alarm system, so there is no way to know whether what is alleged in suit is actually what happened. He is trying to make some easy money off his own childrens' deaths. Despicable!

                                            • 1 vote
                                            Reply#17 - Thu Jul 12, 2012 1:03 PM EDT

                                            I'd say it's more likely he's trying to get revenge, since in our society we don't permit you to kill idiots like the boyfriend, who was apparently too anxiously enamored with his mistress to take the time to safely dispose of coals from a fire.

                                            • 6 votes
                                            #17.1 - Thu Jul 12, 2012 1:06 PM EDT

                                            jb98degrees

                                            He is trying to make some easy money off his own childrens' deaths. Despicable!

                                            Why don't we kill off a few of your your closest relatives unnecessarily & see what course of legal action you take.

                                            This wasn't an "accident"; it was sheer negligence. If everyone was willing to dismiss it criminally, this was the only way the father had to bring it out, other than a bullet to the skull of the bf/contractor.

                                              #17.2 - Thu Jul 12, 2012 1:35 PM EDT

                                              @jb98degrees

                                              Suprise you didn't get the wrath of billyrayvalintine for that ignorant post. You answered your own post, why would the city tear down the house before the investigation was complete? So they couldn't be sued for negligence. or maybe you have a better reason.

                                              "He is trying to make some easy money off his own childrens' deaths. Despicable!"

                                              You seriously think that. If so, you are a very despicable person.

                                                #17.3 - Thu Jul 12, 2012 5:49 PM EDT

                                                I sort of disagree... He has every right to sue the city everyone else connected to the constriction... No. Had there been a full investigation ito the fire maybe but there is no basis in fact that anyone's one action caused this fire. We will never know thanks to the city if there was a fault in the wiring of the smoke detectors or if it was shoddy work by the Contractor. like I said before It seems odd the place exposed to the fire the longest would have the LEAST amount of damage. One thing NOT addressed was the Tree. Did they have a REAL Tree or a fake one? what does that matter? Well if the Christmas tree was the REAL Source or the FIREPLACE was the real Source then that would explain many things. The ember would have had to be close to the bag & therefore felt. the ashes were scooped out by hand & I'm sure would also have been felt. Ok after seeing some pics of the house I was WRONG about the mudroom. HOWEVER They DID have a REAL Tree as a christmas Tree & it MAY as one pic shows have been near the fireplace. As we all know REAL Christmas trees have a tendency of catching fire. They DID have BATTERY SMOKE DETECTORS as well that the Grandfather a safety nut had installed and were WORKING. So why did they fail? We will never know as this was hastily torn down & carted away by the city. so we will NEVER EVER know what started the fire. For all we know as he was scooping the ashes out an ember COULD have fallen on the floor & caught the tree on fire. Maybe the Roof caught fire first as it was more involved per the video above than the Mud room area. It is POSSIBLE they was replacing the roof as well & not all the shingles were on it.

                                                  #17.4 - Fri Jul 13, 2012 1:25 PM EDT
                                                  Reply

                                                  Madonna Badger, told NBC's "Today" show last month that the bag of ashes didn't seem dangerous because Borcina ran his hands over them before putting them on top of a plastic bin.

                                                  Genius at work. Two innocent children paid the price for the laziness of this moron.

                                                  • 3 votes
                                                  Reply#18 - Thu Jul 12, 2012 1:04 PM EDT

                                                  It was 3 children, and their grandparents. So 5 people all together lost their lives over this. So sad.

                                                  • 3 votes
                                                  #18.1 - Thu Jul 12, 2012 1:21 PM EDT
                                                  Reply

                                                  How is the city at fault here?

                                                  • 1 vote
                                                  Reply#19 - Thu Jul 12, 2012 1:14 PM EDT

                                                  Well perhaps the city inspector signed off on the smoke detectors working when in fact they were not. There is more to the story here, the house was demolished the next day before there was any type of arson etc. investigation and no one seems to be able to figure out who gave the order to demolish the house. It was just mysteriously demolished by the city, but no one will fess up to making that decision.

                                                  • 2 votes
                                                  #19.1 - Thu Jul 12, 2012 1:30 PM EDT

                                                  You can't fix stupid. Why didn't somebody make sure they were out by pouring gasoline on them? I meant water. Hot ashes in a bag, indeed. I was raised in the country with a wood burning stove. They obviously didn't. Sorry about the lose of life but it was all because of stupidity and life doesn't come with a "re-do" button.

                                                    #19.2 - Thu Jul 12, 2012 3:21 PM EDT

                                                    The city has more money there it is at fault. Get it?

                                                      #19.3 - Thu Jul 12, 2012 3:23 PM EDT

                                                      So ultimately the tax payers will pay for someone's horrendous mistake...

                                                      • 1 vote
                                                      #19.4 - Thu Jul 12, 2012 3:50 PM EDT
                                                      Reply

                                                      Just another dirtball turning tragedy into a cash-grab...

                                                      I would have thought their lives were priceless but I guess this man was still somehow able to put a dollar value on them all.

                                                      Hope he buys some nice expensive toys for himself with the windfall.

                                                      • 1 vote
                                                      Reply#20 - Thu Jul 12, 2012 1:15 PM EDT

                                                      Losing three children and my parents and being left with the cheating wife would drive me insane.

                                                      Legal beef ?

                                                      If it is true that the city looked the other way from the contractor being licensed - he is right.

                                                      Sue the Contractor ? Probably does not have a bond - Useless.

                                                      His house fire loss is minor..........His family loss is major - Pray for him and his wife !

                                                        Reply#21 - Thu Jul 12, 2012 1:15 PM EDT

                                                        Cheating? Where do you get cheating? The Badgers were already divorced. Cheating has nothing to do with this sad story.

                                                        • 2 votes
                                                        #21.1 - Thu Jul 12, 2012 4:07 PM EDT

                                                        Mr. Badger didn't lose his parents, the elderly couple who passed away in the fire were his ex-inlaws not his parents

                                                        • 1 vote
                                                        #21.2 - Thu Jul 12, 2012 4:48 PM EDT
                                                        Reply

                                                        The girls' mother, Madonna Badger, told NBC's "Today" show last month that the bag of ashes didn't seem dangerous because Borcina ran his hands over them before putting them on top of a plastic bin

                                                        omg...

                                                        Seriously?! You take chances like that and want to sue everyone?!

                                                          Reply#22 - Thu Jul 12, 2012 1:17 PM EDT

                                                          The guy who is suing isn't the idiot boyfriend who set the stage for the fire with the bag of coals, he's the father of the dead children. Try reading the story a bit more carefully.

                                                          • 5 votes
                                                          #22.1 - Thu Jul 12, 2012 1:23 PM EDT
                                                          Reply

                                                          Truly a sad story, but if the house was such a firetrap why would he and the kids stay there? If its unsafe dont put yourself or kids at risk. He could have purchased a battery powered smoke detector until the renovations are complete.

                                                            Reply#23 - Thu Jul 12, 2012 1:18 PM EDT

                                                            My guess is he was acting as general contractor for free, or close to nothing as he was also her BF. So she looks to save some bucks, this is really an instance of "You get what you pay for! Or in this case.. don't!"An unlicensed, and obviously unqualified general contractor. Rich, and still looking to save 50 cents. Irony at its finest.

                                                              Reply#24 - Thu Jul 12, 2012 1:19 PM EDT

                                                              Maybe he should just sue his exwife. I don't want to sound heartless, but she was the one responsible for her children's safety, she is the property owner who maybe wanted to go the cheap route with a boyfriend contractor. Or sue yourself for not making 100% sure your children were in a safe environment.

                                                              • 1 vote
                                                              Reply#25 - Thu Jul 12, 2012 1:20 PM EDT

                                                              If you have ever been involved in a child custody agreement as part of a divorce, you'd understand how difficult the law makes it for you to insure the safety of your children while they are in the care of your ex spouse.

                                                              • 2 votes
                                                              #25.1 - Thu Jul 12, 2012 1:25 PM EDT

                                                              I know, I was just pointing out how far the blame game could go.

                                                                #25.2 - Thu Jul 12, 2012 1:30 PM EDT

                                                                Shiela, are you saying you don't think he has a reason to sue anyone? This case is extreme. A contractor who doesn't know how to properly dispose of ashes? Renovators who remove smoke detectors instead of just taping over them, painting, and then removing the tape? A city that demolishes the house within 2 days, before the fire can be fully investigated? Etcetera. If this happened to your family, you would not just shrug your shoulders. You would want to get to the bottom of it and see someone held responsible.

                                                                • 2 votes
                                                                #25.3 - Thu Jul 12, 2012 2:28 PM EDT

                                                                redmoth, as a mother I am responsible for my childrens' safety, not a boyfreind, husband, city official, me. Battery operated smoke alams 5.99 battery 2.99 putting themup with stick ums or screwdriver plus 5 minutes of my time. As a pass renter, I bought my own & replace batteries every 6 months just to be sure. As home owner I follow the same pracitce. Of course when I was child I had 3 friends die in fire because the mother pulled out the battery one day because the sound became annoying while boiingl potatoes & no one bothered to check the battery again until after the fire. They would have all lived if the battery would have been engaged. Suing don't bring back the dead & it is easier to blame others.

                                                                I understand revenge & even the justice thing, I don't understand how destroying whole families & communites which suing does because I couldn't protect my own.

                                                                • 1 vote
                                                                #25.4 - Thu Jul 12, 2012 3:05 PM EDT

                                                                DKJ , so you are saying he should just walk away and forget about it . The people that were responsible for his kids safety failed in their duty and he is bringing a wrongful death suit . That is what the law allows him to do . I fail to understand what your story about the woman taking the battery out of her alarm has to do with this story . Just because somebody else made a bad choice previously has no bearing on this

                                                                  #25.5 - Thu Jul 12, 2012 4:11 PM EDT

                                                                  Obviously you "Know it all's" Missed the Interview this woman recently did. she stated she SAW the boyfriend REACH INTO THE FIREPLACE & SCOOP UP THE ASHES BY HAND. She saw him REACH INTO THE BAG MANY TIMES FEELING FOR HEAT. Now wouldn't one get burned doing this? also look at the door where the city CLAIMS the fire started. how is it that location received so LITTLE DAMAGE as the fire source? IIRC her interview with Matt Lauer she stated that the Electrical Smoke Detectors WERE WORKING. She stated the City demolished the house the next day & NO FIRE INVESTIGATION WAS DONE. So we will NEVER know the REAL source of the fire, What was the REAL Cause f the fire or Why the smoke alarm did NOT go off.
                                                                  If this guy wants to sue ANYONE it should be the city for not allowing a REAL investigation to take place. The city wanted the "Eyesore" gone so they can stay "Beautiful".

                                                                  Lastly look at where the MOST DAMAGE is. On the fireplace side of the house & Third floor. NOT at the Mudroom door which SHOULD be destroyed. The Third floor logically should have had the LEAST damage & the FIRST floor the MOST. Maybe the fire started in the chimney & spread from here. IF true then it was NOT the ashes as many think.

                                                                  • 1 vote
                                                                  #25.6 - Fri Jul 13, 2012 12:28 PM EDT
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