Family Of Four Asphyxiated In RV Trailer
Carbon Monoxide Seeped Into Living Compartment
$2.15 Million Settlement
The plaintiffs were the children by a previous marriage of a man who died along with his wife and two children from carbon monoxide poisoning. They sued the seller and manufacturer of an RV trailer and the company that made modifications to the trailer.
The accident happened on April 11, 1996 at the Mid-American Raceway near Wentzville. The man was entered as a participant in drag races at the track. He had transported his race car to the track in a trailer that was also outfitted with sleeping quarters. The night of the accident, he and his family slept in the trailer's sleeping quarters. But the man also placed a portable electric generator in the cargo portion of the trailer. During the night, carbon monoxide produced by the generator seeped into the sleeping quarters, and all four members of the family died.
The plaintiffs claimed the RV trailer was defectively designed and manufactured and failed to incorporate warning systems for detection of carbon monoxide gas. They claimed a 1993 industry standard required that all recreational vehicles be equipped with carbon monoxide detectors. They also said that the vehicle's sleeping compartment was inadequately sealed off from the cargo compartment.
The defendant contended that the vehicle was a trailer, not a recreational vehicle, and was not covered by regulations applying to recreational vehicles. The defendant's expert also said that carbon monoxide detectors are unreliable and not feasible for this kind of trailer.
Type of Action: Products liability
Type of Injuries: Carbon monoxide poisoning resulting in four fatalities; economic loss from planned gifts and inheritance
Court/Case Number/Date: Boone County Circuit Court/97-CC-072650/April 8, 1999
Caption: Ludwick, et al. v. United Expresslines Inc., et al.
Judge, Jury, or ADR: N/A
Name of Judge: Gene Hamilton
Special Damages Claimed: None
Verdict or Settlement: $2.15 million settlement
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorneys for Plaintiffs: Robert L. Langdon and Mark J. Evans, Lexington
Insurance Carrier: Not disclosed
Plaintiffs' Experts: Mark Goldstein, San Diego (carbon monoxide detectors); Ronald E. Mell, Battle Creek, Mich. (recreational vehicle standards); John O. Ward, Prairie Village, Kan. (economist)
Defendants' Expert: Bruce Cleveland, LaGrange, Ind. (design)
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