Carbon Monoxide Poisoning

Michael A. Kelly and Conor M. Kelly recovered $2,250,000 in a Federal Tort Claim Act lawsuit venued in the Middle District of Tennessee on behalf of three minor children whose mother died from carbon monoxide poisoning while she slept in a rented RV during a weekend long music festival in Clarksville, Tennessee. The RV was powered by a gas powered generator. When the generator was initially set up, it was placed several feet away from the RV to ensure fumes did not enter the vehicle. However, on the last night of the festival an unknown person moved the generator within inches of the RV. The generator produced carbon monoxide exhaust through the night which leaked into the RV. The RV was equipped with a carbon monoxide detector, but the alarm did not sound because the rental agency had not checked to make sure it had operable batteries. The RV had been rented from a nearby US Army equipment retailor. Mike and Conor brought suit alleging that the Army had negligently rented the RV without a functioning carbon monoxide detector. The Army’s policy required that all life safety devices were be inspected before renting to the public. The plaintiffs’ experts testified that the Army breached industry safety standards by renting the RV without a functioning alarm. The government disputed that it was negligent and argued that a functioning alarm would not have woken the occupants of the RV even if it had sounded. The settlement was reached after the completion of expert depositions and following an all-day settlement conference. The settlement included both cash and the purchase of annuities to provide for the minor plaintiffs’ educational needs.