Case details
Plaintiff’s cognitive problems pre-existed his tenancy: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
brain, brain damage, brain injury, cognition, dementia, depression, emotional distress, fatigue, impairment, mental, psychological, severe cognitive problems
FACTS
In 2013, plaintiff Jeffrey Boxer, 64, a forensic specialist, was diagnosed with severe cognitive problems, fatigue, and early dementia. Boxer claimed that his condition was caused by exposure to toxic levels of carbon monoxide during the course of his tenancy in a rented condominium unit in Marina del Rey. Boxer sued the owner of the condominium unit, Christyne Buteyn, both individually and as Trustee of the Christyne Buteyn Separate Property Trust Dated August 8, 2011. Boxer alleged that Buteyn was negligent for failing to repair and/or maintain a furnace, creating a dangerous condition. He also alleged that Buteyn breached the contract/lease and the warranty of habitability and that Buteyn was negligent in the infliction of emotional distress. Boxer stated that he lived in Buteyn’s condominium unit between Oct. 1, 2011 and May 16, 2013. He claimed that shortly after he moved out, he was diagnosed with his brain injury. Boxer alleged that Buteyn failed to properly maintain the condominium unit in a reasonably safe condition. Specifically, he alleged that Buteyn failed to repair and/or properly maintain a defective forced air furnace–a furnace heated by natural gas that pushes hot air through duct-work and then through vents to heat a building. Boxer claimed that as a result, he was exposed to toxic levels of carbon monoxide. Buteyn denied any negligence, claiming that she was never informed about any alleged issue with the forced air furnace. She also claimed that Boxer breached the lease agreement by failing to advise her of the alleged problems with the gas furnace., Boxer claimed that he suffered brain damage, severe cognitive problems, fatigue, and emotional distress as a result of the exposure to toxic levels of carbon monoxide. He also claimed he suffered early dementia, resulting in a significant decline in function and quality of life, including reduced life expectancy. Boxer claimed that as a result of his condition, he was unable to perform his job as well as before due to difficulties with concentrating. The plaintiff’s forensic analysis expert confirmed that Boxer was exposed to toxic levels of carbon monoxide from the forced air furnace and that as a result, Boxer suffered brain damage. In addition, the plaintiff’s critical care expert opined that Boxer had a reduced life expectancy of 10 years. Thus, Boxer sought recovery of past and future medical costs, and recovery of damages for his past and future pain and suffering. The defense’s neurology experts opined that Boxer was not exposed to any toxic levels of carbon monoxide and that the carbon monoxide readings performed on Boxer were faulty. They also opined that Boxer’s claims of cognitive impairment, depression, fatigue, and other medical problems pre-existed his tenancy in the subject condominium unit by a number of years.
COURT
Superior Court of Los Angeles County, Santa Monica, CA
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