Contractor a no-show for Stamford fire suit emergency hearing - WFSB 3 Connecticut

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Contractor a no-show for Stamford fire suit emergency hearing

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(WFSB file photo) (WFSB file photo)

An emergency hearing began on Thursday in Hartford Civil Court regarding the wrongful death lawsuit that involves the deaths of three young children.

They were killed in a 2011 Christmas Day fire in Stamford and the contractor who'd been working on the home has apparently gone missing.

Lawyers for the city claim contractor Michael Borcina owes them construction documents vital to their case.

In the meantime, the plaintiffs say the city never requested those papers.

The dispute arose after Lily, Sarah and Grace Badger, along with their grandparents, died in the fire.

The children's father, Matthew Badger, brought the suit against Borcina.

Borcina was contracted to renovate the home prior to the blaze.

Matthew Badger also named the city of Stamford and an electrical contractor in the suit.

Officials said Borcina was romantically involved with the children's mother at the time.

Borcina settled his portion of the suit. However, part of the agreement required him to help in the case against Stamford.

The city claimed Borcina knew more than anyone about allegations claiming the home had become a firetrap as the result of incomplete construction, which included a lack of smoke detectors.

Matthew Badger also claimed that Borcina kept daily construction logs and numerous computer files. The city of Stamford wants to see those records because it could help in the lawsuit.

In a deposition, Borcina made two key statements. First, reversing his claims that he was the one who took the hot ashes from the fireplace and put them in the mud room. He said he told police he did that to protect Madonna Badger, the child's mother, to "spare her from carrying the burden that maybe she had done something to hurt her family.” 

Borcina's attorney wouldn’t say why his client was a repeat no-show, and couldn’t say exactly how many documents he’ll be able to provide, but did say Borcina will cooperate. 

"My client will be available for his deposition, he’s already sat through three days of testimony, so he’ll sit for a fourth and we worked all the issues out," attorney Rob Laney said.

The hearing is a debate over how the parties should proceed.

Without the documents, the defendants are asking the court to throw out the lawsuit or at the very least have Borcina's track record be noted if the case goes to trial.

The hearing started at 10 a.m. in Hartford behind closed doors.

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