Charles Labastilla believed that he was leaving his mother, Graciela Labastilla, in good care at the K&K Adult Care Center in Hialeah. Instead, Graciela had to be rushed to the hospital due to severe smoke inhalation and other related complications after the assisted living facility where she resided went up in flames in Oct. 2005. She died two days later while in the hospital.

As a result of this unfortunate tragedy, Gamba & Lombana is now representing Mr. Labastilla in a lawsuit accusing the center of negligence. The suit alleges that the fire at the facility was started by one of its residents, who was known to start fires and be a danger to both himself and the other residents.

According to the suit, the K&K Adult Center failed in its obligation to prevent the resident who started the fire from having access to either a lighter and/or matches. It also claims that at the time of the fire, the facility's windows remained improperly covered by hurricane shutters that prevented smoke ventilation, allowed the fire to intensify and hindered the rescue efforts of first responders.

“The fire that took the life of Ms. Labastilla was a horrific tragedy,” said Hector Lombana, who is handling the case. “The evidence indicates that it could have been prevented had the center taken the proper precautions, and we look forward to helping Mr. Labastilla to see that justice is ultimately served for the center's negligence.”