EDWARDSVILLE – A Marion homeowner is accused of smoking while using an oxygen machine in a suit alleging a guest died in a fire at her home.
Plaintiff Rick T. Macias, acting as special administrator of the estate of Thomas N. Macias, Jr., filed a wrongful death lawsuit in the Madison County Circuit Court against Taylor Fehrenz acting as special administrator of the estate of Betty Hudgens, citing negligence and carelessness.
According to the lawsuit, Thomas Macias was a guest at a Marion home owned by Hudgens on Oct. 29, 2022, when a fire broke out, ultimately killing Macias. The lawsuit alleges Hudgens had a duty to provide Macias reasonable safety while he was her guest. She allegedly breached her duty by negligently failing to have working smoke detectors in her home. The suit also alleges she negligently smoked while using an oxygen machine, but it does not clearly state if that action caused the fire that killed Macias.
The plaintiff is seeking damages in excess of $50,000, plus court costs and any other relief the court deems proper. He is represented in this case by attorney Rodney D. Caffey of the Caffey Law Firm, LLC in Godfrey.
Madison County Circuit Court case number 2023LA000092