Wrongful Death Suit Filed in North Dakota Apartment Fire Case

The parents of a Fargo, N.D., man who died after an apartment fire say the landlord is to blame for failing to maintain a smoke detector.

Dwayne and Donna Peyton are seeking at least $100,000 in their wrongful death lawsuit against Goldmark Property Management.

The complaint says 31-year-old James Peyton slept through the fire and died as a result of smoke inhalation.

Goldmark says in court documents that it was not the company’s duty to maintain smoke detectors in James Peyton’s apartment and his death was “his fault or the fault of others.”

The attorney for Dwayne and Donna Peyton, Timothy O’Keeffe, says Goldmark has not been willing to negotiate a possible settlement.

Lance Schreiner, a lawyer for Goldmark, did not return a phone message left Tuesday by The Associated Press.