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Woman Sues Ocean City, Maryland Hotel Over Carbon Monoxide Deaths of Her Husband and Daughter

By Jack Lebowitz, Esq. and Vadim Mzhen, Esq.

In Maryland?s U.S. District Court in Baltimore, Pennsylvania resident Yvonne Boughter filed a wrongful death lawsuit over the carbon monoxide deaths of her husband, Patrick J. Boughter, 40, and his 10-year-old daughter Kelly. She is seeking $30 million in damages.

The Boughter?s, from Lebanon, Pennsylvania, were staying at the Days Inn motel on 23rd Street in Ocean City in June 2006 when the accident occurred. An investigation into the deaths found that gas was able to enter the room they were staying in through a disconnected water heater pipe in the basement. The exposure to the gas killed Patrick and Kelly. Yvonne and their daughter Morgan survived.

Defendants named in the case are Bay Shore Development Corp, Heat Transfer Products Inc., R.E. Michel Co. Inc., and All About Plumbing. Bay Shore owns the motel. Heat Transfer Products made the water heater. R.E. Michaels sold the water heater to Bay Shore. All About Plumbing installed the water heater in the hotel. Wyndham Hotel Group is the parent company of the Days Inn.

Boughter is asking for $20 million in compensatory damages and $10 million in punitive damages. Loss of family and future income from Patrick?s job as a welder were considered by the plaintiff when calculating an amount.

The lawsuit comes after an extensive probe into the deadly accident, as well as another carbon monoxide leak that occurred at the Days Inn in 2005.

Premises Liability and Products Liability
Hotel owners are supposed to ensure that there are no unsafe conditions on their premise that could harm visitors or guests. They can be held liable for personal injury or wrongful death if someone is seriously hurt or died from a hazardous condition on the property.

Manufacturers, sellers, and distributors of a defective product can also be held for products liability if a consumer was injured or killed by that product.

In Maryland and Washington D.C., one of our experienced personal injury lawyers would be happy to discuss your case.

Carbon Monoxide Poisoning
Carbon Monoxide (CO), often referred to as ?the silent killer,? is the number one cause of accidental poisoning fatalities in the United States. The Centers for Disease Control says that 15,000 people visit the hospital every year due to carbon monoxide poisoning. About 500 CO poisoning deaths occur annually.

Some Sources of Carbon Monoxide:
? Charcoal grills
? Gas water heaters
? Propane heaters
? Propane stoves
? Cigarette smoke
? Generators powered by gasoline and diesel
? A boat run by an engine
? Paint removers
? Spray paint
? Degreasers
? Solvents

Widow sues OC hotel over carbon monoxide deaths, MDDailyrecord.com, February 19, 2008

Wrongful death suit filed in resort carbon monoxide deaths, Examiner.com, February 20, 2008

Related Web Resource:

Carbon Monoxide Poisoning, EMedicineHealth

Full post as published by Maryland Accident Law Blog on February 21, 2008 (boomark / email).