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Families of Newark fire captains killed in cargo ship fire planning lawsuit against ship's operator

Families of Newark firefighters killed in cargo ship fire plan lawsuit
Families of Newark firefighters killed in cargo ship fire plan lawsuit 02:26

NEWARK, N.J. -- The families of Newark Fire Captains Augusto Acabou and Wayne Brooks Jr., who died in the line of duty battling a massive cargo ship fire in July, said Friday they plan to take legal action.

The families' attorney said he uncovered new information while deposing crew members when the Grimaldi Group, the ship's operator, filed a motion under maritime laws to limit liabilities.  

Tearful family members spoke in front of Engine 16, where Brooks Jr. and Acabou worked. 

"Wayne was taken from us in a matter that was entirely preventable," said Brooks Jr.'s wife Michelle Brooks. "I stand before you today to express my support for the legal actions that will be taken against those implicated in the tragic and untimely passing of Wayne." 

"It's his 46th birthday and it's our first year without him," said Acabou's brother Miguel Acabou. "Negligence from all parties involved led to the death of my brother Auggie and Wayne."

Families of Newark fire captains speak after deadly cargo ship fire 15:19

The attorney representing both families said a Jeep Wrangler on the Grande Costa D'Avorio caused the inferno. 

"The men loading the ship were using a Jeep Wrangler to push cargo upon the ship. That Jeep Wrangler was having known mechanical issues throughout the day and was in fact smoking," said attorney Mark Apostolos. "And despite that, those men continued to use that Jeep Wrangler until it started a blaze." 

Apostolos said two firefighting teams on the ship failed to stop the fire and incorrectly used a fire suppression system. 

"The main garage door on deck 12 of the fire ship was in fact kept open and remained open, allowing fresh air and oxygen to continue fueling the fire," said Apostolos. 

A spokesperson for the Grimaldi Group said pusher vehicles are used regularly to load vehicles, but the company can't comment because it's owned and operated by two other companies. The company cannot comment on the fire suppression system either because of the investigation, they said.

The U.S. Coast Guard and several other agencies are investigating the fire. Apostolos said the families have not received any information other than what he's been able to get through depositions. 

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