Lawsuit in N.Y. Firefighter's Death Reinstated

A New York appeals court has reinstated a lawsuit against the Manlius and Pompey Hill fire departments in the death of a volunteer firefighter who was killed in a blaze nine years ago, according to The Post-Standard.

Fayetteville Firefighter Timothy Lynch was killed in a Pompey house fire on March 7, 2002 along with Manlius Firefighter John Ginocchetti.

In a 4-1 decision, the Supreme Court Appellate Division in Rochester ruled last week that the law granting immunity to volunteer firefighters does not apply to departments or officials.

Lynch's widow, Donna Prince Lynch, sued Onondaga County and Fire Coordinator Mike Waters in 2003 and the county responded by suing the Pompey Hill Fire District, the Pompey Hill Fire Department, Assistant Chiefs Richard Abbott and Mark Kovalewski, the village of Manlius, the Manlius Fire Department, Deputy Chief Raymond Dill and homeowner Joseph Messina.

State Supreme Court Justice Donald Greenwood dismissed the claims against the fire departments and the chiefs in 2009 based on the immunity argument, according to the report.