Attorneys for the widow of firefighter James Muller say the City of Columbia is deliberately delaying her wrongful-death suit by withholding discovery and seeking to push depositions for 26 firefighters to January 2027. The plaintiffs filed an emergency motion after repeated discovery disputes and scheduling battles; a hearing is set for Oct. 5. A 2025 NIOSH report found communication and accountability failures in Muller’s 2023 death and issued $3,600 in fines to the Columbia and Irmo fire departments. Separate legal actions and longstanding staffing and maintenance shortfalls at the Columbia-Richland Fire Department have amplified scrutiny of department practices.
Widow Says Columbia Is 'Stonewalling' Wrongful-Death Case After Firefighter's Death; Emergency Motion Seeks Faster Trial
A ball of fire consumes a Tropical Ridge Apartment building on May 26, 2023. Columbia firefighter James Michael Muller died fighting the blaze after 2.5 tons of debris fell onto him. NIOSH/Provided
Attorneys for the widow of former Irmo firefighter James Muller say the City of Columbia is deliberately delaying her wrongful-death lawsuit by repeatedly withholding discovery and seeking to postpone key depositions until January 2027. The plaintiffs filed an emergency motion on Sept. 21 after the city asked to move depositions for 26 firefighters, a step the lawyers say would stall the case nearly two years after the suit was filed in April 2025.
Background
Muller died in 2023 while responding to a grease fire at the Tropical Ridge Apartments near Riverbanks Zoo. Two floors above him collapsed, trapping him beneath the debris. The lawsuit contends that Columbia’s use of roof-mounted master streams — so-called "deck guns" that direct large volumes of water onto a structure — further weakened the building and contributed to the collapse. The complaint also alleges that a chaotic scene left Muller's mayday call unheard and that he remained trapped for at least 45 minutes.
Investigative Findings
A 2025 report by the National Institute for Occupational Safety and Health (NIOSH) found that miscommunication, failure to maintain personnel accountability at the scene, and insufficient knowledge of the building’s structural condition contributed to Muller's death. The agency issued fines and citations totaling $3,600 to both the Columbia and Irmo fire departments.
Legal Dispute Over Discovery And Depositions
The plaintiffs say Columbia has repeatedly refused to turn over requested documents and witness contact information without court intervention. The filing says the city declined to provide phone numbers or addresses for more than two dozen potential witnesses, forcing coordination through the city attorney’s office and creating scheduling friction.
"The City of Columbia has admitted that it sent Jay Muller into a structure fire after the use of master streams, which is in violation of all recognized training procedures," said Attorney Brian Barnwell of Rikard & Protopapas. "In our justice system, delay should not be tolerated, and we look forward to our day in Court on October 5th to break this log jam."
Court filings say Columbia plans to call more than 50 department personnel and expects at least a three-week trial. Muller's team sought depositions of 26 witnesses, including Fire Chief Aubrey Jenkins. According to the filing, after repeated scheduling back-and-forth — with offers to reschedule if the city supplied confirmed dates — Columbia requested that those depositions be moved to January 2027, citing unspecified court summons or jury duty.
Other Litigation And Department Issues
The wrongful-death suit is not the only legal matter connected to Muller's death. On June 22, Chief Aubrey Jenkins sued the Professional Firefighters Association of South Carolina and its president, Roger Odachowski, alleging the union wrongly blamed him for the tragedy in public statements and social posts. The association denied the merit of Jenkins' lawsuit on June 25.
Earlier reporting by The Post and Courier found that, under Jenkins' leadership, the Columbia-Richland Fire Department had a backlog of maintenance requests at its stations and identified structural and habitability concerns. The department estimated it would need more than $175 million to address facility problems and disclosed it is understaffed by more than 100 positions, with no new posts added since 2015. Those operational shortcomings have intensified scrutiny of the department amid the ongoing litigation.
A hearing on the emergency motion is scheduled for October 5. When contacted for comment, a city spokesperson said the city does not comment on pending litigation.
Help us improve.
