WATERTOWN, New York (WWNY) – A recent court decision involving the death of Watertown firefighter Peyton Morse means the civil case against the state will move forward.
In January, Morse’s parents filed the lawsuit. In March, the Attorney General’s Office asked a court to dismiss it.
Last month, a judge told the AG’s Office the lawsuit would move forward.
It has been an ongoing legal battle – one Peyton Morse’s parents say they won’t give up on.
“It has been intentionally made difficult even more on us in hopes that we would stop. How do you stop not looking for the truth,” said
Stacy Snyder-Morse, Peyton’s mother.
For the last two years, Morse’s parents feel they have needed to fight to reveal the truth behind the events of their son’s death.
Morse suffered a medical emergency while training at the New York State Academy of Fire Science in Montour Falls in March of 2021. He died 9 days later.
In January, Morse’s parents sued the state for an unspecified amount of money, saying their son suffered “severe and excruciating conscious pain and suffering” and died because of what happened. Court papers say the instructors ignored Morse’s cries for help.
The AG’s Office attempted to dismiss the case, making arguments based on workers’ compensation laws and governmental immunity.
“Peyton said the same words George Floyd said. George Floyd didn’t deserve to die. Peyton didn’t deserve to die. Two different results as far as legal issues,” said David Morse, Peyton’s father.
David is referring to witness testimony saying Peyton asked for help that day, saying he couldn’t breathe while training.
Last month, a judge in Binghamton ruled against the state’s defense, writing the Morses have set forth “sufficient allegations that the instructors unreasonably directed Peyton to proceed with the exercise despite his expressed difficulty with breathing…”
While it may be a move forward for the Morses, they feel it will be a lengthy battle.
“We don’t know what the next step will be. At some point, depositions will be taken. But it’s a slow, long, drawn-out process,” said David.
Also of note is what’s in the documents – testimony questioning the actions of the state instructors immediately after Morse’s incident. Witnesses say many of the recruits in the gym that day were also paramedics, but were asked to leave while EMTs responded. According to the state health department’s website, paramedics are the most skilled emergency responders, more skilled than an EMT.
Read the judge’s ruling below:
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