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Lawsuit over NY fire captain’s death dropped

Capt. Jack Rose, 19, died after battling a chimney fire in 2015

By FireRescue1 Staff

SAUGERTIES, N.Y. — The parents of fallen Mount Marion Fire Capt. Jack Rose have chosen to drop their lawsuit against the fire department and city.

Gary and Linda Rose’s lawyer announced Wednesday the family withdrew the suit, stating they “don’t feel comfortable suing the fire department their son loved so much.”

Rose, 19, died Dec. 19, 2015 while responding to a chimney fire. An investigation concluded that a wood stove was negligently attached to the chimney. Rose became separated from other firefighters while battling the blaze, and he was found conscious in the basement. He later died after being transported to the hospital, reported the Daily Freeman.

According to an autopsy report, Rose died of asphyxia after inhaling superheated gasses.

The Roses have continued with another lawsuit, alleging negligence and violation of fire codes by the owner of the house, Mary Alice Mark