Watertown attorneys claim landlord 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 a Watertown home he owns, but if the town’s attorneys have their way, he could be liable for more.

Attorneys for the town have asked Waterbury Superior Court Judge Robert D’Andrea to “implead” Polletta into a pending wrongful death lawsuit against the town filed by Sheila DeJesus, the administrator of her son Joshua’s estate. If they are successful, Polletta could be responsible for a portion of the town’s share if the town is held liable in court or if it settles the case with the family.

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

The lawsuit claims the town was negligent for allowing Polletta to build an illegal third-floor apartment at 241 Main St. Joshua DeJesus lived in the third floor apartment; he died on Jan. 16, 2022, when a fast-moving fire destroyed the home.

In its lawsuit, the family claims DeJesus tried to escape the blaze “by the only means available,” the back stairs on the porch, but “as he stepped onto the wooden stairwell engulfed in flames they collapsed and he plummeted 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 began. They considered charging Polletta with manslaughter in connection with the fire and various building code violations on the property, but because of the lingering questions about the origin of the fire and how DeJesus died, state police closed the investigation last fall without charging anyone.

“We could not 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 had run out on any housing violations.”

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

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 lawmaker, Joe Polletta has gained a reputation as a fierce advocate for landlords, often criticizing tenants’ rights bills being considered by the Housing Committee, saying they pit landlords and tenants against each other and violate property owners’ rights.

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

“The tragic passing of Josh DeJesus was deeply saddening and caused pain among his family, friends, and my father,” Joe Polletta wrote. “My heart goes out to Josh’s loved ones, and I offer both my sincerest condolences for their loss and ongoing prayers from 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 the attorneys about the timing of that payment in regards to the pending lawsuit, which was filed in January.

Torrington attorney William J. Ward, who represents the DeJesus family, told the judge that the settlement with Polletta occurred before the lawsuit was filed. The town’s motion put Ward in the position of arguing for Polletta even though family members told police the night of the fire 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 town and now they want Polletta to help them pay.

“They’re saying that the landlord is liable for a substantial portion of the plaintiffs’ damages in this case,” Ward said.

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

The lawsuit claims Guiseppe Polletta failed to obtain the proper permits for a third floor dwelling and that “no time between July of 2015 and the fire in January of 2022″ were the premises inspected or reinspected for compliance with state fire and building codes” by town officials.

The lawsuit alleges that the back 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 under the law. Town officials also never determined if the home had working smoke detectors.

The town filed a request in May with D’Andrea seeking to add Guiseppe Polletta as a third-party plaintiff because “he should be held liable” 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 home without seeking the proper permits.

The town argued that Polletta “knowingly failed to seek the proper permits” and through his “negligence, carelessness and/or recklessness” was just as liable, if not more, than the town for DeJesus’ death.

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

But his attorney Ryan McGuigan has disputed that Dejesus was in the house at the time of the fire, arguing that the 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 of the house and spread quickly because there were flammable materials all over the place,” 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.