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Report: Dad of Yorkville fire victim files notice of claim against village, fire company

A 7-year-old girl and her mother died after a fire back in January in Yorkville. (Photo courtesy WKTV)

The father of the young girl who was killed in a house fire in Oneida County back in January has filed a notice of claim against the village and its volunteer hose company, according to a report by WKTV in Utica.

The father's attorney told the television station Tuesday that if a different dispatch call had been made, maybe Taylor Mishlanie and her mother, Heather, would still be alive.

The fire occurred on Jan. 18 in Yorkville. Fire officials said the roof of the home caved in while firefighters attempted to battle large flames. 7-year-old Taylor died in the fire. Her mother, 41-year-old Heather, died a few days later.

"We show that the call actually came in at approximately 8:50 on January 18th and it doesn't appear that anybody entered the premises until about 18 minutes thereafter so this fire was burning after the first caller had called in for a good 18-19 minutes before anybody entered," the attorney told WKTV. "Utica is a fully staffed, fully equipped accredited fire department that is less than 2 miles away from this fire site and they were never called to come in to assist and they could been there probably within a minute, minute and a half of the first call coming in and potentially saved these lives"

RELATED | Support pours in for family of Yorkville mother, daughter killed in house fire

Longeretta told WKTV a policy that most other volunteer departments follow, but Yorkville lacks, might have made for a different outcome.

According to WKTV, the notice of claim is the first step in the legal process, and puts the village and its fire department on notice as to the possibility of a lawsuit. Settlement talks may occur, and if there's no settlement, a lawsuit may be filed.

Longeretta told WKTV that his client, Christopher Mishlanie, seeks a change in policy, as well as monetary damages.

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