The parents of a Watertown firefighter who died while training at the New York State Academy of Fire Science, have filed a second wrongful death lawsuit, this time against five instructors.
Peyton L.S. Morse died after suffering a medical emergency while in engaged in a training evolution. The incident occurred at the Montour Falls facility on March 3, 2021.
Earlier this month, Morse’s parents filed suit against the State of New York in the New York Court of Claims alleging negligence and wrongful death. It did not name any other person or entity. The second suit uses essentially the same legal theories as the first suit, but alleges that the “negligence, carelessness, and breach of duty” of the five instructors caused Morse’s death.
The reason for the separate suit can be found on the Court of Claims web site:
- The New York State Court of Claims is the exclusive forum for civil litigation seeking damages against the State of New York or certain other State-related entities….
- The Court of Claims has no jurisdiction over any city, county or town government, or over any individual defendant.
Both suits were brought by Morse’s father, David Morse, as the administrator of Peyton’s estate, and by David and Stacy Snyder-Morse as Peyton’s parents. The second suit was filed in Jefferson County Supreme Court. Here is a copy of the complaint: