The family of a Scottsbluff man killed in a fire at his home earlier this year has filed a tort claim with the city of Scottsbluff, saying it intends to pursue a wrongful death claim against the city and the Scottsbluff fire department.

92-year old Sal Blanco died of smoke inhalation January 6th when ashes from the fireplace ignited the back porch and destroyed the house while damaging a neighboring home.

The tort claim…formally accepted by the Scottsbluff City Council this week…blames Blanco’s death on firefighters taking too long to get to the home and not being adequately equipped when they did get there.

Attorney Maren Chaloupka is representing Blanco’s estate and family. She says Blanco would not have suffered and died if the fire department had met “the appropriate standard of care in its response to the fire,” but doesn’t offer details on any specific acts of negligence.

The tort claim offers a settlement proposal of $1 million…the maximum amount the family is allowed to pursue under state statute. Scottsbluff officials decline to comment on the Blancos’ filing.

Nebraska’s Tort Claims Act requires anyone intending to sue a political subsidivision…such as the city…to file a tort claim or notice of intent first. The subdivision has up to 6 months to decide whether to settle the claim, after which a suit can be filed in district court.