Attorneys for James Muller’s widow allege Columbia has repeatedly delayed depositions in a wrongful death lawsuit over the 2023 fire

COLUMBIA, S.C. — Attorneys for the widow of fallen Irmo Fire District Firefighter James Muller are accusing the City of Columbia of delaying a legal case that has been underway for more than a year as it approaches trial.

In a Sept. 21 court filing, attorneys representing Emma Muller said the city unexpectedly sought to reschedule depositions that had been planned for October, WIS reported.

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Muller died while battling a fire at the Tropical Ridge Apartments in May 2023. His widow filed a wrongful death lawsuit in 2025 alleging Columbia-Richland Fire Department’s use of deck guns and master streams contributed to a roof collapse while Muller was inside.

The lawsuit also alleges a mayday was mishandled, leaving Muller trapped for nearly 45 minutes before he was removed.

Muller’s attorneys are seeking depositions from 26 city employees and officials, including Columbia-Richland Fire Department Chief Aubrey Jenkins. They allege the city failed to respond to scheduling requests and later asked that depositions planned for August be postponed until October.

Muller’s attorneys allege the city again sought to postpone the depositions on Sept. 18, this time until January 2027, citing court summonses and jury duty. In an earlier filing, they also accused the city of failing to respond to written questions for more than five months.

Court records show a hearing is scheduled for Oct. 5, with a tentative trial date set for Oct. 26.

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