State Trial Courts

Fenton v. Keck and 4 Apartments LC

Edward Guza (G1.11a, Nesbitt & PutEier), Bozeman, for Defendants (Fannen Union Mutual Ins.).

Courtney Lawellin, Livingston, for Fentons

Plaintiffs' expert: Guy Olson, Livingston (HVAC). Defendants' expert :Ron Schaeffer,Bozeman (HVAC). Initial demand, $532,500, demand 3rd day of trial,

A Livingston jury found 9-3 that 4 Apartments LC and principals Philip & Virginia Keck were not negligent or grossly negligent in connection with CO exposure to tenants Jason & Holly Fenton and their minor children Kaden and Camden.

In the pre-dawn hours of 3/31/11 a CO detector in Fentons' apartment began sounding an alarm. The Living­ston FD and NWE promptly responded to their 911 call and measured abnormally high CO. They reported to Livingston Memorial Hospital ER where they were examined and released with a diagnosis of "carbon monoxide exposure." They alleged that they all sus­tained CO poisoning as a consequence of an improperly functioning natural gas furnace, and asserted negligence, gross negligence, negligence per se, constructive fraud, emotional distress, and strict liability and requested punitives and attorney fees. Judge Swanda] dismissed their emotional distress and strict liability claims on partial summary judgment 9/ 5/ 12.

verdict

Defense, gas furnace CO exposure.

 $45,000; offer, 0. Steve Reida, mediator.

Jury deliberated ½ hour 4th day; Judge Gilbert.

Fenton v. Keck and 4 Apartments LC, Park DV-11-

55, 11/22/13.

Courtney Lawellin, Livingston, for Fentons; Edward Guza (G1.11a, Nesbitt & PutEier), Bozeman, for Defendants (Fannen Union Mutual Ins.).

Fenton v. Keck and 4 Apartments LC, Park DV-11-55, 11/22/13.