Five suits filed against Holiday Inn for carbon monoxide leak

By Kyla Asbury | Aug 8, 2012

CHARLESTON -- Five lawsuits have been filed against Holiday Inn after a carbon monoxide leak in the hotel caused six people to sustain injuries.

Manisha Patel; Steve Combs; Karen Combs; Premier Pools, LLC; JP Mechanical, Inc.; Holiday Hospitality Franchising, Inc.; and Six Continents Hotels, Inc. were also named as defendants in the suits.

Pikes, Inc. is doing business as Holiday Inn Express Hotels & Suites.

On Jan. 31, Emmett Williams; Dale Rosenbrook and Susan Rosenbrook; Craig Reed; Terry Harvey; and Isaac Croy were staying at the Holiday Inn Express in South Charleston, according to five complaints filed July 19 in Kanawha Circuit Court.

The plaintiffs claim prior to Jan. 31, the swimming pool heater at the hotel had been working improperly and was discharging carbon monoxide in the hotel.

The defendants knew or should have known of the problems with the swimming pool heater, according to the suit.

The plaintiffs claim also prior to Jan. 31, Premier Pools, Steve Combs and Karen Combs negligently worked on the pool heater and through their actions, failed to effectively repair the heater, including the ventilation system for the heater.

JP Mechanical negligently worked on the pool heater and through its actions, failed to repair it, according to the suit, and Patel, Pikes, Six Continents and Holiday Hospitality negligently failed to provide property and trained management and maintenance personnel to maintain the hotel, including the pool heater.

The plaintiffs claim they were injured with carbon monoxide leaked and caused them substantial and severe problems.

As a result of the defendants' actions, the plaintiffs suffered damages including medical bills, lost wages, permanent injuries, severe emotional and mental distress, aggravation, anxiety and annoyance and inconvenience, according to the suit.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Thomas A. Rist.

The case has been assigned to Circuit Judges James C. Stucky, Tod J. Kaufman, Louis H. Bloom and Charles E. King.

At least three other suits have been filed related to this leak, including one by the widow of a man who died as a result.

Kanawha Circuit Court case numbers: 12-C-1417, 12-C-1418, 12-C-1419, 12-C-1420, 12-C-1424

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