A San Bernardino County wildfire that spanned 680 acres and took 275 firefighting personnel eight days to contain began with a few sparks from an excavator.
That’s what the federal government is claiming in a complaint filed Thursday in U.S. District Court in Los Angeles.
The government is suing an Upland-based pipeline contracting company and its founder, Garrett John Gentry, for negligence and is seeking more than $2.2 million in damages in the fire, which chewed through 450 acres of the San Bernardino National Forest.
“Defendants are liable for all damages to the United States resulting from the South Fire, including its fire suppression costs and the United States’ administrative, investigative, accounting, and collection costs,” the government says in the lawsuit.
A call to Garrett J. Gentry Engineering was not immediately returned. The 14-year-old company serves California and Arizona and clears $35 million in revenue annually.
The South fire commenced on Aug. 25, 2021, and was eventually contained on Sept. 2, according to the California Department of Forestry and Fire Protection.
The agency said nine structures — residential and commercial — were destroyed and 28 others were damaged. There were no injuries or fatalities.
According to Cal Fire, the fire began north of Glen Helen Parkway and east of Sierra Avenue and Lytle Creek Road just west of the 15 Freeway. The lawsuit alleges the fire originated at a property at 4053 Lytle Creek Road in Fontana.
There, the suit says, Gentry was operating an excavator, attempting to determine the viability of developing a commercial property at an underdeveloped site.
The government said Gentry, the owner, realized he was on terrain that was too rocky and tried to leave the area. During his retreat, he noticed smoke behind him. He attempted but failed to suppress a fire that eventually kick-started the eight-day blaze, the lawsuit alleges.
Government investigators said the steel treads of the excavator struck rock and caused ignition. Nearby dry vegetation then served as fuel to propel the fire.
The government alleges that Gentry knew the area was rocky and “failed to exercise reasonable care,” according to the lawsuit.
Gentry and his company also failed to take action to prevent the fire, the lawsuit alleges.
The United States is asking for a jury trial.
