N.M. woman, family sue Mountaineer Gas for carbon monoxide exposure

By Kyla Asbury | Jan 11, 2011

CHARLESTON -- A New Mexico woman and five of her family members are suing Mountaineer Gas after they were exposed to carbon monoxide in December 2008.

CHARLESTON -- A New Mexico woman and five of her family members are suing Mountaineer Gas after they were exposed to carbon monoxide in December 2008.

On Dec 26, 2008, Willard Brown, Sherry F. Brown, DaVonna Lynn Dillard, Autumn Brooke Scalise, B.T.S. and K.G.S. were asleep in a house located in Clay that was heated by a defective and/or improperly maintained heating floor furnace, according to a complaint filed Dec. 21 in Kanawha Circuit Court.

Melissa Scott, the personal representative of Mr. Brown's estate, claims her family was all exposed to excessive amounts of carbon monoxide as a result of the defective and/or improperly maintained heating floor furnace.

Mountaineer's negligence and carelessness of not fixing the heating floor furnace resulted in Mr. Brown's death from carbon monoxide poisoning, according to the suit.

The plaintiffs claim they have also suffered significant illnesses due to the carbon monoxide poisoning and have incurred medical expenses in the amount of approximately $77,938.60.

The plaintiffs are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Robert V. Berthold Jr., Christina L. Smith and Dennis W. Montoya.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 10-C-2289

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