Father of teen girl who died in April house explosion, fire files lawsuit
Troy Firefighters, at right, rest after spending several hours fighting a structure fire in the 8000 block of West Kirsch Road on April 6. Three people in the house survived but due to the extent of his injuries, one person was airlifted to St. Louis. (file photo)
By Charles Bolinger
Editor • Robert Maxeiner, the father of one of three young people who perished after a house exploded and caught fire overnight on April 5 to April 6, filed a wrongful death lawsuit well in excess of $50,000 plus costs of the suit and pre-judgement interest. The lawsuit was filed in Madison County’s Third Judicial Circuit Court on April 29.
As plaintiff, Maxeiner administers the estate of his daughter, Madeleine. The defendants are Colton Cissell, Roberta Cissell, Ken Cissell and Dennis Grapperhaus. There are four counts against each defendant – wrongful death, survival action, ultrahazardous activity and ultrahazardous activity-survival action.
The first four counts are against Colton Cissell, 21, who is likely still in a St. Louis-area hospital’s burn unit after he was airlifted from the scene. He is the son of Ken Cissell and stepson of Roberta Cissell.
Madeleine, who was 18, died along with her boyfriend, Ayden Hendrickson, 19, and a 12-year-old girl, who was a half-sister to Colton. Madeleine and Colton were step-siblings.
Ken and Roberta leased the house at 8004 West Kirsche Road, south of Troy from Grapperhaus, who owns the house and surrounding real estate.
A reporter contacted the Illinois Department of Children and Family Services (DCFS) last month about a guardianship between the 12-year-old and Colton.
Heather Tarczan, DCFS director of communications, replied by email on April 9: “It is the department’s understanding that the biological mother assigned short-term guardianship of the [12-year-old] youth to the 21-year old. DCFS does not authorize temporary guardianship – it is strictly up to a custodial parent.”
The explosions and resulting fire prompted a massive emergency response from local, state and federal agencies – the FBI, ATF, Bomb Squad, Illinois Fire Marshal, Madison County Sheriff’s Office and Madison County Coroner all had representatives at the scene April 6, along with the Troy Fire Protection District and Troy Police Department.
First responders allegedly found Colton with major burns and had to be airlifted from the scene to St. Louis. The three young people were later found dead in the residence’s remains. Roberta and Ken escaped without major injuries.
An armada of emergency personnel descended on the 8000 block of West Kirsch Road on April 6 after multiple explosions occurred and caused a structure fire. Three people in the house died. (file photo)
For two or three days after the fire, areas nearby were closed to the general public so that controlled detonations on the remaining explosives could be performed. Vibrations from some of those detonations were felt as far east as Highland, 12 miles away.
The counts against Colton detail that a fire occurred fueled by explosive materials obtained by and with the actual or imputed knowledge of each defendant. Colton knew or should have known that storing explosive materials at the house posed a substantial and unreasonable risk of harm.
The counts continue that Colton started a fire that led to multiple explosions that destroyed the house.
The stored material that exploded violated state and federal codes for such substances. These codes govern explosives possession and storage and require licensing and permits from the Illinois Department of Natural Resources (IDNR), which Maxeiner claims were not issued.
Maxeiner said Colton had a duty not to possess dangerous explosive materials and not to store them in or near the house. He charges Colton with negligence in that he collected and stored the explosive materials within a residential structure; he failed to get the required licenses and permits; and/or failed to use appropriate storage; and/or failed to provide fire suppression; and/or failed to exercise reasonable care under the circumstances to prevent plaintiff’s injuries.
Colton’s negligence was a proximate cause of Madeleine’s death, her father charges.
That Colton stored, maintained and accumulated explosive materials in a residential setting created a high degree of risk of serious harm. That risk, associated with storing explosive materials cannot be eliminated by exercising reasonable care. Storing these materials is not common and is ultrahazardous.
The charges against Roberta and Ken are similar, along with they both had a duty not to allow explosives on the premises and that the rental house had no smoke detectors.
Maxeiner charged, among other things, that Grapperhaus, as landlord, knew or should have known that his tenants collected, stored and detonated explosive materials on his property.
Maxeiner is represented by Lanny Darr of Darr Law Offices in Alton. The case has been assigned to Judge Patrick G. King for setting and disposition.
Meanwhile, the Madison County Sheriff’s investigation into the incident continues.
A view of the house remains in the 8000 block of W. Kirsch Road, south of Troy on May 8. Three people died after explosions and a fire at the house in April. (Ray Popkess photo)
