A wrongful death lawsuit was filed in Howard County court on Tuesday, July 7, against the operators of the Perkins Residential Care Center in Fayette by Connie Mallick and Robert Bittle, family members of a man who was killed in a fire there on January 27.

The fire at 204 Villers Drive killed three people: two residents and an employee.

The family of Donald Lee Bittle claims the smoke alarms on the upper floor of the residential home “failed to provide adequate warning,” stating that an employee sleeping on the lower level did not hear the alarm until after he opened the exterior door and saw flames. The suit also claims the lower-level smoke alarms only triggered when smoke reached a resident’s doorway, and the residence contained foam plastic insulation without a “required thermal barrier.”

Bittle was sleeping on the top level when a 911 call was placed at 6:41 a.m. Three minutes later, body cam footage shows the building completely engulfed in flames. Bittle’s cause of death was determined to be smoke inhalation. The other resident who perished in the fire, Roy Holloway, along with employee Marsha Lyon, were both on the top floor when the fire broke out.

The petition, which may be viewed here, states that at least one portable space heater was removed from the debris. However, the Missouri Department of Public Safety Division did not conclude whether it was in use or even plugged in at the time of the fire and listed the cause of the fire as accidental.

The suit claims negligence on the part of the Perkins Home.

In February, Missouri Department of Mental Health Director of Public Affairs Debra Walker told this newspaper that the DMH contracts with service providers such as the Perkins Residential Care Center to support individuals with intellectual and developmental disabilities. Certification requires visits by the department every two years. The individualized supported living (ISL) services were last surveyed in October 2024. There were no fire safety or environmental concerns at that time. Each level of the home was a separate two-bedroom residence. There were two people living on each level, she said.

On February 2, the Missouri Department of Public Safety Division of Fire Safety told the Advertiser that the cause was undetermined, and it is considered accidental.

Attorney Matthew B. Woods, of Columbia, is representing the family of Mr. Bittle. Kansas City attorney John Gerard Schultz entered an appearance representing the Perkins Home. As of this writing, no hearing has yet been scheduled.