CHARLESTON – A Morgantown woman claims a in improperly vented swimming pool heater emitted toxic levels of carbon monoxide and killed her daughter during a sleepover.

Sandra K. Leuellen filed a lawsuit in Kanawha Circuit Court March 25 against Brogan Rose Jr., Pentair Inc., Pentair Water Pool and Spa, Pentair Pool Products, Viking Pools and Hagedorn's Inc.

Rose is the owner of the home where the sleepover occurred; Hagedorn's supplied the liquefied petroleum gas that powered the pool heater; the other defendants are described as the manufacturers and sellers of the heater.

Lueellen claims her daughter, Cheyenne Hise, died during a sleepover at the Rose residence on Aug. 11, 2008.

The lawsuit says Rose bought the pool and heater in July 2001. The brand of the heater was a Purex Triton Minimax Plus 350. The heater was directly connected to a PVC pipe to warm the swimming pool, the complaint says.

The heater came with various labels, but no warning that that the heater would emit carbon monoxide if it wasn't properly ventilated, the complaint says.

Rose allegedly told the installers of the pool that he intended to eventually build a room around the in-ground pool to make it an indoor swimming area, the complaint says. Sometime after buying the pool, Rose had the room built, the complaint says.

Leuellen's complaint says that her daughter died on Aug. 12 because carbon monoxide from the pool heater got into the room where she slept. The complaint says the area contained no carbon monoxide detector.

Leuellen is seeking compensatory and punitive damages.

Damon L. Ellis is representing the plaintiff. The case is before Kanawha Circuit Judge James Stucky.

Kanawha Circuit Court case number: 09-C-535

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