Grief-stricken family members of the two teens and three children killed almost one year ago in a Lemoore fire may have found a degree of solace on Tuesday, when a judgment was passed down in court to pay them $29 million in damages.

On July 28, 2007, a fire broke out in the Northgate Apartment complex on East Hazelwood Drive, starting on a low porch and ending with nine apartment units destroyed. The blaze also resulted in the deaths of recently-engaged Derik Faubion and Michell Mattison, both 19, their 2-month-old daughter Hayden Allison Faubion, as well as Mattison's two step-siblings, Lexus May Bisnar, 4, and her brother, Ariel Nel Bisnar, 2.

Meanwhile, as the building burned, firefighters had to hold back the parents and relatives of the five victims, who were forced to stand by and watch as their loved ones perished.

In November, it was announced that the relatives were filing wrongful death lawsuits against both the property owners, Santa Barbara residents Brian and Rebecca Kiniry, and the firm the owners had paid to maintain the property, Lemoore Real Estate and Property Management, Inc.

"We reached an agreement with Lemoore Property to hear the case in arbitration, to keep things efficient rather than to go through a two-week trial," said attorney David Moeck, who represented the Faubion family in the case.

Arbitration is where the proceedings are resolved by a single neutral third party, or adjudicator, whose final ruling on the matter is final and all parties involved agree to go along with. Kings County Judge Thomas DeSantos agreed in late June to let the case go forward in this direction, and appointed retired Judge Daniel Pratt to oversee the matter.

Proceedings only lasted a single day.

One critical piece of evidence in the case was a letter sent out to the Northgate Apartment tenants from the property management company, telling them that "during a six-month inspection of the units, it was noted that the smoke detectors are not in place in most units. This is a major safety issue that needs to be corrected immediately."

The defense, headed up by Hanford attorney Michael Johnson, argued that the apartment lease indicated that a smoke detector was present and that the manager even demonstrated to the victims that it worked when they moved into the complex three weeks before the fire.

However, a Kings County fire report apparently stated that a tenant living directly beneath the victims had stored a large amount of books, toys, clothing and plastic items out on the patio where the fire originally started. This kind of storage was in direct violation of the apartment complex rules, yet numerous complaints made to management there in the seven weeks since the occupant moved in did not result in any enforcement to remove them.

One investigator working with the prosecution confirmed that if these had not been out on the patio, the fire probably would never have started, and that the high levels of toxins released due to the materials being burned were a contributing factor in the deaths of the victims.

All five victims in the fire were killed by smoke inhalation and thermal burns, with high levels of carbon monoxide found in the blood, according to autopsy reports.

Fire investigators sifting through the rubble left behind in the wake of the blaze apparently found no evidence of a smoke alarm installed in the apartments that burned.

The prosecuting attorneys said that an "extraordinary" amount of time was used to gather evidence for the case, as more than 200 man hours were put into examining the scene of the fire, going over reports and gathering facts and inconsistencies to present to the court.

"I think this was the largest loss of life in Kings County -- or at least Lemoore's -- history," Moeck said. "The Faubions lost their oldest son and a grandchild. That's a powerful loss."

The final judgment ruled that Rizalda Piloquit, Arnel Bisnar and Alan Mattison would receive $21 million in damages, while Bernadette Faubion, Sue Faubion and Duncan Faubion were given $8 million.

It was found that both Lemoore Property and the owners were negligent, and that their negligence was a substantial factor in causing harm to the plaintiffs. It was also noted that all six of the relatives were caused serious emotional distress by being present at the scene and being aware of the injuries caused to their loved ones.

The land owners reportedly settled out of court for $1 million, which officials said was the limit of their insurance policy.

"This is a very sad situation, but it is the only way the judicial system recognizes a way to deal with this," attorney Mick Marderosian said, who represented Piloquit, Bisnar and Mattison in the case. "Money can never replace the loss they experienced. Yes, it sounds like an enormous amount of money, but we must remember, there were five lives lost here and their destruction was witnessed by their parents.

"I don't think there could be anything worse than that."

The reporter can be reached at 583-2425.

(July 10, 2008)