The suit filed in U.S. District Court alleges that Upland-based Garrett J. Gentry General Engineering Inc. and its owner, Garrett J. Gentry, were negligent by starting the non-injury South Fire and failing to prevent it from spreading. As a result, they are liable for damages incurred by the federal government, according to the lawsuit.

The U.S. Forest Service sustained fire suppression costs of more than $2.2 million, the complaint states.

“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,” according to the complaint.

“Investigators determined that the fire started when the steel treads of the excavator, operated by Gentry Engineering and Gentry, contacted rocks, causing ignition of fuel, such as dry vegetation,” the complaint continues. “Gentry Engineering and Gentry were aware of the danger of a rock strike by the excavator and failed to take action to prevent a fire.”

The South Fire broke out Aug. 25, 2021, and burned more than 680 acres, including 450 acres in the San Bernardino National Forest.

According to the California Department of Forestry and Fire Protection, nine structures — residential and commercial — were destroyed and 28 others were damaged.

The fire was contained Sept. 2, 2021.

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