$51 Million Jury Award to Family in Carbon Monoxide Leak Case

What Happened?

In May 2015, carbon monoxide was released into the family’s apartment during a boiler repair that was performed at their complex, which was owned by Red Bird Trails Apartments. The children were nine months and three years old at the time of the incident.

Ms. McMullen brought a lawsuit against Red Bird Trails Apartments and several associated companies, including Urban Custom Plumbing, the company that conducted the repairs. Per the lawsuit, the defendant’s negligence caused the carbon monoxide leak and subsequent injuries. According to plaintiffs’ counsel, Richard Mann of Ted B. Lyon & Associates, P.C., the complex’s management knew that the boiler’s vent pipe was rusted and corroded, resulting in a leak that exposed the plaintiffs to 1,000 times more carbon monoxide than what it deemed safe. As a result of the exposure, the children suffered from severe brain injuries and now have limited speech skills – speaking only a few words at a time. Counsel argued that both children will require lifetime supervision and will likely experience a sharp reduction in life expectancy.

The Trial

At trial, the plaintiff submitted reports from the children’s doctors and testimony from individuals who know the children, such as their teachers, to prove the existence of brain injuries. 

Represented by Brent D. Anderson and Jazmine Pelayo of Taylor Anderson LLP and Jessica Z. Barger, E. Marie Jamison, and Michael Adams-Hurta of Wright Close & Barger LLP, counsel for the apartment complex essentially disputed the existence of injuries caused by carbon monoxide exposure. Seemingly conceding that the children were exposed to some carbon monoxide, counsel asserted that the children’s “selective mutism” was not caused by brain damage.

Defense Counsel also challenged plaintiffs’ evidence, noting that no brain imaging was admitted into evidence that might show an injury, nor did plaintiffs submit evidence from a treating physician that diagnosed them with a brain injury due to carbon monoxide poisoning. The issue of medical evidence had arisen prior to trial, resulting in the defendants seeking mandamus relief at the appellate level after the trial court denied the defendants' request for an independent medical examination of the children by the defense’s expert. The appellate court conditionally granted the defendants’ writ, finding that the trial court erred in finding the defendants’ examining doctor unqualified. In its decision, the appellate court recognized the importance of expert testimony in the case, finding that “the defense hinges in large part on challenges to the nature, extent, and cause of the children's injuries, the issue of the children's injuries significantly depends on competing expert testimony, and the defense's expert should have ‘the same opportunity’ as the plaintiff's expert ‘to fully develop and present his opinion, ensuring a fair trial.’”

In addition to the arguments contesting the existence of injuries, counsel disputed whether the presence of rust on the vent pipe that broke apart could be the cause of the injury. During closing arguments, counsel stated that the “superficial, cosmetic rust” was on the exterior of the vent pipe, and there was no evidence that the actual structure of the pipe rusted through. Counsel for Red Bird Trails also argued that the vent separated when the plumber lifted the boiler up, an assertion Urban Fire Protection Inc.’s counsel disputed. Urban Fire’s counsel, Brian Engel of Barrett Daffin Frappier Turner & Engel LLP, pointed out that based on the jury’s apportionment of fault (finding Red Bird Trails responsible for the majority of the damages), they did not seem to agree with the apartment’s arguments. Engel stated, "It was an important case because it signals to apartment owners that they shouldn't tie the hands of their professionals with limited contracts, and that they should have a robust preventive maintenance program when they're talking about machinery that can be dangerous.”

The Verdict

The jury found in favor of the plaintiff, finding that the defendants were negligent and that such negligence caused the children’s injuries. The jury assigned 90% of the responsibility to Red Bird Trails Apartments and a related company, and 10% responsibility to the plumbing company. The jury awarded $30 million for medical expenses and $9 million in exemplary damages, finding that Red Bird Trails was grossly negligent.

Because carbon monoxide is odorless and colorless, its emissions can be silently insidious, resulting in serious and sometimes fatal damages. In 2011, a Wisconsin woman entered into a $28.5 million settlement with his apartment complex after she was poisoned from carbon monoxide exposure that resulted in permanent injuries to her cognitive functioning and memory. In 2010, a 20-person restaurant staff in Baltimore was awarded $34 million due to a carbon monoxide leak at a Ruth Chris’ Steak House. In 2013, a child died and his mother suffered serious injuries from carbon monoxide poisoning at a North Carolina Best Western, resulting in a $12 million wrongful death settlement.