IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND DIA KHAFRA Individually, and as Personal Representative of the Estate of Askia Khafra 705 Wayne Avenue Silver Spring, MD 20910 and CLAUDIA KHAFRA case No HEUNHIQY Individually, and as Personal Representative of the Estate of Askia Khafra 705 Wayne Avenue Silver Spring, MD 20910 RECEIVED SEP 10 2918 Clerk of i Holman Cat Plaintiffs, v. DANIEL BECKWITT 5943 First Landing Way Burke, VA 22015 and DAVID BECKWITT 9642 Burke Lade Road Apartment 215 Burke, VA 22015 Defendants. COMPLAINT Plaintiffs, Claudia Khafra and Dia Khafia, individually, and as personal representatives of the Estate of Askia Khafra, by and through their attorneys, Donna E. McBride, Anne-Marie “Callie” Camemark, and Miller, Miller & Canby, pursuant to §§ 3-901 ef seg. of the Courts and Judicial Proceedings Article of the Maryland Code Annotated, Maryland Rule 15-1001, and § 7-401(y) of Page | of 8the Estates and Trusts Article sue the defendants, Daniel Beckwitt and David Beckwit, and allege as follows: Parties and Venue 1. Plaintiff Dia Khafia (“Mr. Khafra”) is the father of the decedent, Askia Khafra, and the co-Personal Representative of the Estate of Askia Khafra At all times relevant herein, Mr. Khatra has resided in Montgomery County, Maryland. 2 PI jaintiff Claudia Khafta (“Mrs Khafta”) is the mother of the decedent, Askia Khaffa, and the co-Personal Representative of the Estate of Askia Khaffa, At all times relevant herein, Mrs. Khafra has resided in Montgomery County, Maryland. 3. The decedent, Askia Khafia (“Askia”), was a resident of Montgomery County, Maryland at all times relevant to the claims in this Complaint. 4. Mr. and Mrs, Khafta are primary beneficiaries in this action pursuant to § 3- 904(d)(4) of the Courts and Judicial Proceedings Article. There are no other persons entitled by law to recover damages. 5. At all times relevant herein, Defendant Daniel Beckwitt resided in Montgomery County, Maryland, Upon information and belief, Daniel Beckwitt currently resides in Virginia, 6. Defendant David Beckwitt is the owner of the real property located at $212 Danbury Road Bethesda, Maryland 20814 (“Danbury Road Home” or the “Property”) where the incident described in this Complaint occurred. 7. Jurisdiction is proper in this Court pursuant to §§ 6-102(2), 6-103, and 1-501 of the Courts and Judicial Proceedings Article. 8. Venue is proper in this Court as pursuant to §§ 6-201 and 6-202 of the Courts and Iudicial Proceedings Article. Page 2 of 8Statement of Facts Common to All Counts 9. Askia was bom on February 9, 1996 in Washington, DC. A native of Silver Spring, Maryland, he attended Montgomery County Public Schools and lived with his parents, Mr. and Mrs, Khafra, up until his death, 10. On September 10, 2017, Askia Khafra sustained severe bodily injuries which caused his death when the Danbury Road Home owned by David Beckwitt and occupied by Daniel Beckwitt caught fire. 11, Askia met Daniel Beckwitt while developing an intemet-based platform for equity investors. Daniel Beckwitt made a monetary investment in this business pursuit, and led Askia to believe he would make additional monetary investments in exchange for Askia’s help. 12. On multiple occasions, including the date of Askia’s death, Daniel Beckwitt picked up Askia from his home in Silver Spring, Maryland and drove Askia to Manassas, Virginia, whereupon he blocked Askia’s vision by directing him to put on “black-out glasses” which prevented him from being able to see. Daniel Beckwitt then drove Askia to the Danbury Road Home. 13. While Askia was able to keep his cellular telephone with him while at the Property, Daniel Beckwitt used internet “spoofing” to make it appear that Askia was in Virginia, 14. After arriving at the Danbury Road Home, Daniel Beckwitt led the still blindfolded Askia into the basement, where Askia was permitted to remove the black-out glasses. Daniel Beckwitt then directed Askia to assist in digging a complex series of tunnels beneath the Property. The tunnel complex consisted of a hole in the concrete basement floor which led to a shaft that dropped down 20 feet into tunnels that branched out roughly 200 feet in length. Page 3 of 815. The tunnel complex was found by the Department of Housing and Community Affairs (?DHCA”) and the Department of Permitting (“DPS”) to be a hazardous condition in violation of the Montgomery County Code. 16. Before and including the day of the incident, Defendants negligently maintained the Danbury Road Home in “hoarder conditions” with only narrow maze-like pathways through piles of garbage and discarded items spread throughout the house. This condition significantly prevented ‘movement throughout the house, including ingress or egress from any exit out of the Property. 17, These “hoarder conditions” were found by DHCA and DPS to be a hazardous condition in violation of Montgomery County Code. 18. In addition, before and including September 10, 2017, Defendants negligently utilized a dangerous “daisy-chain” of extension cords and power strips throughout the Danbury Road Home in order to extend electrical power into the tunnel complex beneath the Property which ‘was used to power lights, a heater, and an air circulator in the tunnel complex. 19, These extension cords and power strips created a clear and substantial risk of fire, exacerbated by the piles of paper and garbage throughout the house, and the storage of dangerous chemicals. 20. The use of multiple extension cords to power this electrical equipment was violation of the National Electric Code as adopted by the Montgomery County Code. 21. ‘These dangerous conditions resulted in a house fire on September 10, 2017, which Askia was unable to escape and caused his death, 22. Daniel and David Beckwitt owed Askia a duty to use reasonable and ordinary care to maintain the Danbury Road Home free of unreasonably dangerous and defective conditions. Page 4 of 823. By failing to use reasonable care and by maintaining the Danbury Road Hom: dangerous condition, Defendants breached the duties owed to Askia, an invitee on the premises. 24. Furthermore, Daniel Beckwitt had actual knowledge of the increased risk of fire due to the “hoarder conditions” and other non-code compliant conditions, and when he was alerted that there was smoke in the tunnels on the date of the incident. Count I - Wrongful Death-Negligence 25. Plaintiffs adopt and incorporate, by reference, the allegations contained in all of the foregoing paragraphs. 26. As adirect and proximate result of the Defendants’ negligence, a fire broke out at the Danbury Road Home on September 10, 2017. 27. As a direct and proximate result of the Defendants’ negligence, including the “hoarding conditions” and other non-code compliant conditions present in the Danbury Road Home, the fire spread more quickly than it otherwise would have and egress out of the Danbury Road Home was inhibited. 28. Asa direct and proximate result of the Defendants’ negligence, Askia sustained fatal bodily injuries and was deceased when found by the first responders in the Danbury Road Home. The medical examiner ruled the cause of death was smoke inhalation and thermal injuries. 29. Asa direct and proximate result of the Defendants’ negligence, Askia was unable to exit the house before succumbing to his injuries 30. Asa direct and proximate result of Defendants’ negligence in causing the death of ‘Askia Khafra, Mr. and Mrs. Khatta, parents of Askia, sustained pecuniary loss, mental anguish, emotional pain and suffering, loss of society, loss of companionship, loss of comfort, loss of Page 5 of 8protection, loss of filial care, loss of attention, loss of advice, loss of counsel, loss of training, loss of guidance and loss of education. 31. Plaintiffs have standing pursuant to § 3-904(d)(4)(i) of the Courts and Judicial Proceedings Article as they are the parents of Askia Khafra, and Askia was 21 years old and unmarried at the time of his death. 32. This Complaint is timely filed within three years after the death of Askia Khafra pursuant to § 3-904(g) of the Courts and Judicial Proceedings Article. WHEREFORE, Plaintiffs Dia and Claudia Khaffa, individually, demand judgment against Defendants Daniel Beckwitt and David Beckwitt in an amount in excess of Seventy-Five ‘Thousand Dollars ($75,000) in compensatory damages, plus interest, costs and any and all other relief to which this Court finds they are entitled. Count II - Survival Action 1. Plaintiffs adopt and incorporate, by reference, the allegations contained in all of the foregoing paragraphs. 2. Asa direct and proximate result of the Defendants’ negligence, a fire broke out at the Danbury Road Home on September 10, 2017. 3. Asa rect and proximate result of the Defendants’ negligence, including the “hoarding conditions” and other non-code compliant conditions present in the Danbury Road Home, the fire spread throughout the Property more quickly than it otherwise would have and egress out of the Danbury Road Home was inhibited. 4. Asa direct and proximate result of the Defendants’ negligence, Askia sustained fatal bodily injuries and was deceased when found by the first responders in the Danbury Road Home. ‘The medical examiner ruled the cause of death was smoke inhalation and thermal injuries. Page 6 of &5. Asadirect and proximate result of the Defendants’ negligence, Askia was unable to exit the house before succumbing to his injuries. 6. Although already deceased when found by the first responders, it was determined that Askia’s death was due to smoke inhalation and thermal injuries. Askia was aware of the fire and became trapped in the Danbury Road Home, inducing extreme terror and fright, before slowly and excruciatingly losing consciousness due to smoke inhalation and the pain from bums on his, person. 7. Asa direct and proximate result of Defendants’ negligence, Askia sustained severe conscious pain and suffering between the time he became aware of the fire and the time of his death, 8. Daniel Beckwitt was specifically aware of the increased likelihood of fire in the Danbury Road Home, but nonetheless invited Askia into the Home, failed to wam or apprise him of the danger and failed to remove him from the hoarded and non-code compliant Property, constituting actual malice. 9. Daniel Beckwitt had reason to believe there was or would imminently be a fire in the Danbury Road Home on the date of Askia’s death, and failed to warn or apprise him of the danger and failed to remove him from the hoarded home, constituting actual malice. 10. David Beckwitt was or should have been aware of the increased likelihood of fire in the Danbury Road Home, but nonetheless failed to take any steps to correct the conditions or war or apprise Askia of the danger, constituting actual malice. WHEREFORE, Plaintiffs Dia and Claudia Khafra, as Personal Representatives of Askia Khafra, Deceased, demand judgment against Defendants Daniel Beckwitt and David Beckwitt in an amount in excess of Seventy-Five Thousand Dollars ($75,000) in compensatory and punitive Page 7 of 8damages, plus interest, costs and any and all other relief to which this Court finds they are entitled. Respectfully submitted, MILLER, MILLER & CANBY (ipa W_ Donna E. McBride demebric io ee. Anne-Marie “Callie” Carnemark ccarnemark( \canby.com 200-B Monroe Street Rockville, Maryland 20850 (301) 762-5212 (301) 762-6044 facsimile Counsel for Plaintiffs JURY DEMAND Plaintiffs Claudia Khafra and Dia Khafra, individually, and as personal representatives of the Estate of Askia Khafra, demand trial by jury on all issues triable herein, | i ee Callie Camemark Page 8 of 8