Broome County resident Carolyn Price alleges the county improperly handled her husband’s remains following a fatal house fire in December 2024.

A lawsuit filed on Feb. 26 by Price, who was also the former Windsor town supervisor, seeks compensation for damages relating to “loss of sepulcher,” a legal right that gives a deceased individual’s next of kin the ability to immediately take possession of the deceased’s body to provide a burial and other final arrangements.

She allegedly suffered “severe emotional distress, anxiety, emotional dysfunction and mental distress” after discovering where her husband’s remains were stored and over the claimed lack of communication between Broome County and the Price family.

The legal action relates to a residential fire that took the life of 84-year-old Daniel Price, a retired teacher, former U.S. Marine and Windsor town board member. At approximately 4:43 a.m. on Dec. 8, 2024, a fire broke out at the Price home on White Birch Lake Road in Windsor. While Carolyn Price and her son managed to escape the burning home, Daniel Price was reportedly trapped inside and was found deceased at the scene.

Immediately following the fire, Carolyn Price was transported to the ICU at Wilson Medical Center, but remained “alert” and “conscious.” The lawsuit alleges that while Price was hospitalized, Broome County officials declared her to be “incapacitated” and subsequently took custody of her husband’s remains without making “reasonable efforts” to determine whether or not Carolyn Price was able to make decisions regarding her husband’s body.

The County then transported the remains to a refrigerated trailer located behind the Broome County Public Safety Building. The complaint alleges that the body was stored on “plywood shelving.” Carolyn Price was not given the opportunity to designate her chosen funeral home, which was Osterhout-Madden Funeral Home in Harpursville, New York, the lawsuit continued.

The County then allegedly failed to contact her adult daughter, the family’s pastor or any other responsible family members before taking custody of and transporting the remains of her husband.

Additionally, she claims that she was not made aware of where her husband’s remains were located until Dec. 11, 2024. She was made aware of the whereabouts of the remains only after personally contacting funeral director Ambrose Madden, who confirmed that her husband’s remains were, in fact, stored in the trailer.

The lawsuit argues that Broome County acted “negligently, recklessly, carelessly, willfully and wantonly” in its actions, allegedly violating Public Health Law §4201 and the plaintiff’s right to the immediate possession of her husband’s body in preparation for burial.

The lawsuit also details that before his passing, Daniel Price was concerned about his body being held in such a place, particularly as a veteran.

Daniel Price was a member of the Christian Church of Fellowship in Kirkwood and was heavily involved in community volunteerism. His family said Price would want all donations to go toward his church or “to first responders who were there in his final hour.”

Broome County was officially served with the summons and verified complaint on March 2. Carolyn Price is seeking monetary compensation “in an amount which exceeds the monetary jurisdictional limits of all lower New York State Courts” and any other relief that the court will grant.

“The conduct of the Defendant [Broome County] was of such wanton, willful, reckless and heedless character as to manifest and evince a callous and reckless disregard for the rights and property of the relatives of a deceased person, including Plaintiff herein, who was caused to sustain serious emotional injuries as aforesaid; the Defendant was guilty of wanton and willful misconduct at all times relevant to this action,” stated the lawsuit.