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Settlement in lawsuit over Aurora fire that killed 6

A $1 million settlement has been reached in a negligence lawsuit filed in response to a May 2011 blaze at a 10-unit Aurora apartment building that killed six, the deadliest fire in city history.

Relatives and next of kin filed suit in Kane County after the fire on the 700 block of Claim Street killed Francisco Marcos Sr., his wife Micaela Perez, and two of their kids, Francisco Jr., 6, and Jose Marcos, 9. Christina Dominguez Navarro, 35, and her 8-month-old son, Alex Gonzaga, who lived in a separate apartment, also perished.

Teodoro Perez, who was 14 at the time and lost his parents and siblings, survived and is one of several who sued for damages.

John Perconti, attorney for the plaintiffs, called the settlement amount "woefully inadequate" but it was the most they could get from the defendants' insurance carrier's policy.

"Obviously that amount of money is not going to compensate these victims for the losses they suffered," Perconti said. "They didn't admit liability in the case, but we believe evidence was strong in enough to find that the defendants were negligent."

According to the suit, building owners Jose Ayala and Lucilla Ayala, both of Beloit, Wisconsin, were negligent because they did not provide nor equip smoke detectors for the building, which has since been demolished, The building also lacked adequate fire escapes and the owners failed to provide automatic closing doors for each apartment unit, a code violation that could have slowed the fire.

A message left for Thomas Scherschel, the defense attorney representing the Ayalas, was not returned.

The case is next due in Kane County court May 26 and if all of the settlement funds have been dispersed by then, Judge Mark Pheanis will dismiss the lawsuit.

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