TUSTIN : City Sued by Father of Boy Killed in Fire

A Tustin resident who was prevented by police from entering a burning apartment building in an effort to save his 4-year-old son last May filed a lawsuit this week against the city of Tustin and its Police Department.

Joseph De La Riva filed the suit Monday in Orange County Superior Court, seeking damages for wrongful death, negligent and intentional infliction of emotional distress, false imprisonment and battery.

The May 10 fire apparently started on the living room couch, where De La Riva’s youngest son, Jimmy, was playing with matches. De La Riva helped four of his children reach safety and then realized that Jimmy was still inside one of the bedrooms.

He tried to reenter the apartment, but was restrained by police as he listened to the boy cry for help. A firefighter and a police officer were injured in an unsuccessful attempt to rescue Jimmy.

In November, the City Council rejected a multimillion-dollar claim filed by De La Riva against the city, prompting the family to file the lawsuit.

“The family is having really difficult times,” said Richard Gilbert, the family’s attorney. Although De La Riva is now working in a construction supply business, he and his wife, Lori, have had trouble holding jobs since the fire because of stress, Gilbert said.

Tustin City Atty. James G. Rourke questioned the city’s liability.

“It’s a tragic situation,” Rourke said. “I feel sorry for the parents, but I don’t see any liability or responsibility or fault on the part of the city.”