Wrongful Death Suit Filed in NY LODD

The mother of a New York firefighter who died in an assisted living facility fire in 2021 has filed a wrongful death suit against the facility, its owners, two contractors, and the village where the fire occurred. Lieutenant Jared Calvin Lloyd died on March 23, 2021 at a building fire at the Evergreen Court Home for Adults.

Lloyd, 35, was a volunteer with the Spring Valley Fire Department. A resident of the facility also perished in the fire. A grand jury investigating the fire indicted six people on charges ranging from manslaughter to filing false reports.

Lloyd’s mother, Sabrail Davenport, who was appointed administratrix of his estate, brought the action against a total of 12 named and 10 unnamed defendants. The suit against facility defendants and the contractors is rather straightforward, alleging the breach of a legal duty. The suit against the municipal defendants is a bit more complicated. Quoting from the complaint:

  • That at all times herein mentioned, defendant VILLAGE OF SPRING VALLEY, had a duty to safely, properly and prudently inspect and ensure that all relevant safety codes and regulations were met and complied with at the property located at 65 Lafayette Street, Village of Spring Valley, County of Rockland, State of New York, including the premises known as Evergreen Court Home for Adults located thereon.
  • That at all times herein mentioned, defendant VILLAGE OF SPRING VALLEY retained, hired, and/or employed defendant WAYNE BALLARD.
  • That at all times herein mentioned, defendant VILLAGE OF SPRING VALLEY, is liable for the actions of defendant WAYNE BALLARD under the doctrine of Respondeat Superior.
  • That at all times herein mentioned, defendant VILLAGE OF SPRING VALLEY retained, hired, and/or employed defendant RAYMOND CANARIO.
  • That at all times herein mentioned, defendant VILLAGE OF SPRING VALLEY, is liable for the actions of defendant RAYMOND CANARIO under the doctrine of Respondeat Superior.
  • That at all times herein, defendants VILLAGE OF SPRING VALLEY, WAYNE BALLARD, RAYMOND CANARIO, and VILLAGE OF SPRING VALLEY EMPLOYEES “JOHN DOES 1-10” owed a “special duty” to plaintiff’s decedent.
  • That at all times herein, defendants VILLAGE OF SPRING VALLEY, WAYNE BALLARD, RAYMOND CANARIO, and VILLAGE OF SPRING VALLEY EMPLOYEES “JOHN DOES 1-10” breached their “special duty” to plaintiff’s decedent.
  • That at all times herein, defendants had actual notice of the dangerous, defective, unsafe, and hazardous condition of the property located at 65 Lafayette Street, Village of Spring Valley, County of Rockland, State of New York, including the premises known as Evergreen Court Home for Adults located thereon.
  • That at all times herein, defendants had constructive notice of the dangerous, defective, unsafe, and hazardous condition of the property located at 65 Lafayette Street, Village of Spring Valley, County of Rockland, State of New York, including the premises known as Evergreen Court Home for Adults located thereon.
  • That defendants caused and created the dangerous, defective, unsafe, and hazardous condition of the property located at 65 Lafayette Street, Village of Spring Valley, County of Rockland, State of New York, including the premises known as Evergreen Court Home for Adults located thereon.
  • That defendants had at least fifteen (15) days prior written notice of the dangerous, defective, unsafe, and hazardous condition of the premises.
  • That on March 23, 2021, at approximately 1:00 a.m., plaintiff’s decedent Jared Lloyd, a volunteer firefighter with the Spring Valley Fire Department, responded to a fire at the Evergreen Court Home for Adults located at 65 Lafayette Street, Spring Valley, New York.
  • That while evacuating residents from the burning building, plaintiff’s decedent became trapped within the building, and called his fellow firefighters for rescue.
  • That despite their attempts at rescue, his fellow firefighters were unable to reach plaintiff’s decedent before the burning smoke-filled building collapsed with him inside, resulting in plaintiff’s decedent suffering severe personal injuries, mental anguish, and death.

The complaint alleges negligence and wrongful death against all defendants. This is the third suit filed by Davenport over Lloyd’s death. On February 3, 2022, she filed a petition to allow the late filing of her claim against the Village of Spring Valley. On July 15, 2022 she sued the New York State Division of Homeland Security and Emergency Services seeking to obtain public records relative to the Evergreen Court fire.

Here is the complaint in the wrongful death suit.

Here is the February 3, 2022 suit:

Here is the July 15, 2022 suit:

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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