Carbon Monooxide poisoning injury in Sevier county Tennessee

In May 2021, our client and a group of her friends from Indianapolis rented a cabin in Gatlinburg, Tennessee to celebrate a birthday. They enjoyed their first day in Gatlinburg, and returned to the cabin for the night. During the night, the girls woke up feeling slightly sick. But, when they left the cabin and returned to Gatlinburg for the day, they felt better. They assumed it was just altitude sickness.

After returning to the cabin that night, the group’s symptoms worsened to include vomiting, severe headaches, nausea, seizures, and syncope. 911 was called and they were taken to Le Conte Medical Center by EMS. Five of the girls, including our client, were ultimately life-flighted to the University of Kentucky Medical Center for further treatment.

After arriving at UKMC for testing, it was discovered our client suffered from severe carbon monoxide (CO) poisoning. CO gas is referred to as the silent killer due to it being odorless, tasteless, and colorless. As a result of the toxin in her bloodstream, she suffered respiratory and neurological injuries that would take months to recover from. She was forced to limit her activities and undergo months of treatments. This situation completely upended her life before she was even twenty years old.

A few days after the incident, In search of a Tennessee attorney, her mother contacted us. She knew that the other girls were hiring an Indianapolis law office, but she wanted a law office that practiced in Tennessee and knew Tennessee premises liability law. After speaking with our client and her mother, we formulated a game plan.

Weir & Kestner Injury Lawyers immediately began investigating the cause of the CO poisoning. We discovered there had been a carbon monoxide incident reported to the fire department weeks before the incident. Neither our client nor her friends were made aware of these reports prior to or during their stay. The cabin owners pointed fingers at additional defendants, including their property management company over the failed CO detectors, and an HVAC company for improper maintenance on a water heater. With this information, we knew there would be multiple defendants involved in the case.

We filed suit in Sevier County Circuit Court asserting the chalet owners were grossly negligent and ultimately the cause of our client’s injuries. Over the course of two years, we litigated the case against multiple defendants. With multiple plaintiffs involved, several claims were being made in federal court, while we maintained our state court action. Multiple plaintiffs meant coverage and policy limit issues. Our client was able to make a wonderful recovery during litigation, and she agreed to settle claims against three defendants totaling $180,000.