Iowa Couple Sues Ex-Landlord over Fatal Fire

An Iowa couple says their former landlord is to blame for the death of their granddaughter and their own disabling injuries in a 2009 fire, according to their wrongful-death lawsuit.

Sieh and Annie Toffoi said in the lawsuit filed this week in Polk County District Court that the windows in their second-floor apartment were either designed not to open or were sealed or painted shut, hindering their escape. The couple lost consciousness and, along with the granddaughter they raised since infancy, were pulled from the building by firefighters, the Des Moines Register reported.

The granddaughter, 10-year-old Czu Toffoi, died a day after the fire of smoke inhalation. The couple, refugees who moved to Des Moines from Liberia in 2004, were in comas for several months with severe burns and smoke inhalation that left them disabled.

“They fled from Africa to save their granddaughter’s life, only to come here and have this happen. It’s just one of the saddest cases I’ve ever worked on,” said their attorney, Kimberley Baer.

Police have said the fire started when a man living next door to the Toffois passed out with a lit cigarette. It was ruled an accident, and no charges were ever filed.

The Toffois said in their lawsuit that the landlord, 56-year-old Terry May of Des Moines, should have ensured the windows opened and should have warned them about their neighbor, who they say has a history of starting fires and has a mental disorder.

May told the Register that the fire was a tragic accident but he couldn’t have prevented it. He said the apartment complied with city codes and had passed inspection.

“My heart goes out to them, believe me, it’s something that will always be on my mind,” he said.

The lawsuit seeks unspecified monetary compensation.