Father seeks $700,000 for son’s death in fire

West Lafayette 2013 deadly house fire (WLFI Photo)

WEST LAFAYETTE, Ind. (WLFI) – A father is seeking damages for the death of his son in a West Lafayette rental house fire last November.

David Notary, the father of Scott Notary, has filed a tort claim notice against the city. The notice seeks damages up to $700,000 for the wrongful death of Scott.

The notice states a house fire was caused more than likely by the negligence in the building, inspection, maintenance, repair or operation and use of the electrical system or appliances in the kitchen area. Investigators ruled that the fire started in the kitchen.

City Attorney Eric Burns said the tort claim notice is a requirement before filing a lawsuit. He said he has passed the claim to the insurance company and the insurance company will investigate.

“If the insurance company thought that there was liability and that there was a claim that they were willing to pay, then they would do that and that generally would prevent a lawsuit,” said Burns. “If they find that they don’t believe there is liability, then they would notify the claimant and then the claimant would have the option to consider continuing on and perhaps filing a lawsuit.”

Director of Development Chandler Poole said his office approved an inspection at the home on Lutz Avenue last July. He said for single-family rental houses, his office does inspections every two years.

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