Case details

Plaintiff: Furnace caused carbon monoxide exposure

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
brain, brain injury, cognition, concentration, impairment, language, mental, psychological, sensory, speech, traumatic brain injury
FACTS
In November 2009, Laura Wulff, 52, a wine educator, was staying at a cottage she rented from Roxanne Bell in Calistoga when the cottage’s gas wall furnace was activated via its pilot light. On Jan. 26, 2010, Wulff went to a Kaiser emergency room with complaining of experiencing bouts of nausea and headaches, which worsened through the winter. She was subsequently diagnosed with possible carbon monoxide poisoning. The next day, Wulff had the furnace inspected by a PG&E technician, who measured carbon monoxide at 3,500 ppm inside the furnace and emissions of 100 ppm outside the furnace. According to the technician, these were abnormal and dangerous amounts of carbon monoxide emissions caused by soot that built up in the furnace. Wulff sued Bell. She alleged that the defendant improperly maintained the subject wall furnace, creating a dangerous condition, and that in doing so, breached the implied warranty of habitability. Wulff claimed that Bell never had the subject furnace serviced or cleaned since it was installed in 1989, causing the soot accumulate and create the carbon monoxide emissions, which went undetected. She claimed that as a result, she began to experiencing bouts of nausea and headaches after the furnace’s pilot light turned on for the first time in November 2009. Wulff alleged that after the heater was inspected on Jan. 27, 2010, PG&E condemned the heater and replaced it with a new one. Bell did not dispute that the subject furnace tested positive for carbon monoxide, but argued that no unsafe emissions emanated from the heater., Wulff claimed that she suffered carbon monoxide poisoning from November 2009 until January 2010. She was eventually diagnosed with a brain injury in May 2010, and treated her condition with speech therapy and cognitive therapy. She alleged that her present cognitive impairments include loss of concentration, short term memory loss, fatigue and dizziness. Wulff claimed that she had to take a three month leave from work due to her condition and that upon her return, she was transferred to a part-time position in a different division. She also claimed she is now limited in her household chores. Thus, Wulff sought recovery of damages, including $17,500 in past medical costs, $7,500 in future medical costs, $47,000 in past lost earnings, $480,000 in future lost earnings due to her diminished work capacity, and $650,000 for her past and future pain and suffering. Defense counsel contended that despite the emissions of carbon monoxide found in the subject furnace, Wulff did not suffer carbon monoxide poisoning or any subsequent brain injury. The defense’s expert industrial hygienist testified that the carbon monoxide levels Wulff was actually exposed to were diluted, and not enough to cause poisoning or any serious injury. The defense’s medical experts opined that any of Wulff’s alleged cognitive impairments were unrelated to her carbon monoxide exposure, were insignificant, and possibly pre-existed her exposure. Furthermore, the medical experts testified that MRI films of the plaintiff found no abnormalities.
COURT
Superior Court of Napa County, Napa, CA

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