A Prince George’s County circuit court judge threw out $200 million in damages in a suit that accuses Michael Scrocca’s landlord of contributing to the student’s death.

Scrocca’s family filed the lawsuit in February, claiming landlord David Model acted irresponsibly by knowingly allowing seven residents to live in the house, exceeding the maximum occupancy of five.

According to the complaint, Model had instructed his residents how to arrange their furniture so it would appear only five people were living there.

The complaint also says Model was given sufficient notice of these violations and several others, which included not providing an adequate amount of smoke detectors, fire alarms and fire extinguishers in the house and not installing fire escapes for the second- and third-story windows.

“It’s a tough thing to try to grasp,” Scrocca’s father Tony said. “We will never have our son back. If the landlord was responsible and did things according to the law, I have a strong, strong feeling my son would be alive. That’s the way I feel and no one can tell me different”

The judge dismissed the punitive damages in the lawsuit during a motions hearing last Thursday, indicating there were no malicious intentions on the part of Model.

An attorney representing Model said there was no basis for the dropped punitive damages because the charges indicated Model had planned on Scrocca’s death. He declined to comment on the remainder of the damages sought.

While the punitive charges were dismissed, an additional $150 million in compensation for other damages were left on the table; $75 million each from Model and the College Park Volunteer Fire Department, which the complaint claims also played a role in Scrocca’s death.

The Scrocca family’s attorney, Francis Pommett, said the fire department took an inordinate amount of time getting to the scene and that once they were there, they concerned themselves with putting out the fire instead of doing a search and rescue despite knowing that there were still occupants still in the house. The complaint indicates screams could still be heard coming from the house shortly before the department’s arrival. Scrocca, 22, was found unconscious in his room after the April 2005 fire was extinguished; he was later pronounced dead from smoke inhalation.

In response to the Scrocca suit, Model’s attorney’s filed a third party suit against university student Daniel Murray, who they would hold liable for the damages if Model is found guilty. There is no trial date set for the next hearing.

Two weeks ago, Murray was indicted on felony murder and arson charges for the death of Scrocca and will have a preliminary hearing tomorrow. Pommett and Model’s attorney said they disagree on how much the outcome of Murray’s case will impact the lawsuit.

Contact reporter Owen Praskievicz at newsdesk@dbk.umd.edu.