A lawsuit has been filed by the parents of Mount Marion Fire Capt. Jack Rose against the owner of a Saugerties home where he died last year.
The lawsuit alleges negligence by Mary Alice Mark, owner of the Fel Qui Road home, according to the Daily Freeman.
Rose, 19, responded with the Mount Marion Fire Department on a mutual aid call to the Centerville Fire District on Dec. 19, 2015.
He was separated from his crew and went unresponsive after being helped from the home. The autopsy said Rose died from asphyxia after inhaling superheated gasses.
Joe O’Connor, the lawyer representing Gary and Linda Rose, said an addendum to the suit is likely to be filed within a month and “may include other entities.”
The suit alleges that Mark broke fire code violations with a wood burning stove.
O'Connor said the suit seeks to recover damages caused by “pain and suffering.”
Both fire departments were issued citations after a New York State Public Employee Safety and Health Bureau investigation.
