Order of Deaths in Carbon Monoxide Poisoning Lawsuit May Be Key

Defense attorneys involved in a Colorado carbon monoxide poisoning lawsuit say that the order in which a family of four died in an Aspen vacation home may be the determining factor in whether any of the plaintiffs have standing to bring a wrongful death lawsuit over the incident. 

Parker and Caroline Lofgren and their two children, Owen, 10, and Sofie, 8, died of carbon monoxide poisoning in 2008 while staying in a vacation home in Aspen, Colorado.

The carbon monoxide wrongful death lawsuit was filed in August by the father of Caroline Lofgren, the mother of Parker Lofgren, the sister of Caroline Lofgren and the personal representatives of the estates of the deceased couple.

The complaint alleges that a number of defendants were negligent in causing or contributing to the carbon monoxide leak, which occurred over a Thanksgiving weekend while the family was visiting friends.

Lawyers for some of the defendants recently filed court documents suggesting that a motion to dismiss may be filed in the case, depending on the order of the deaths of the family members. According to a report by the Glenwood Springs Post Independent, the lawyers indicate that if the parents, Parker and Caroline, died before the children, then the plaintiffs would not have legal standing to bring the wrongful death suit under Colorado law.

The argument alleges that if the parents died first, the only people who could bring a lawsuit on their behalf were their surviving children, who themselves died shortly afterwards. Any claims over the deaths of Parker and Caroline Lofgren would have died with them, meaning that no one could sue on behalf of the parents.

Criminal charges are currently pending in connection with the incident against some of the defendants, including the owner of a plumbing company and two building inspectors. The defense attorneys sought a delay in the wrongful death proceedings until the criminal cases are resolved, suggesting that none of the Plaintiffs may have standing to assert a wrongful death claim. However, no motion to dismiss has yet been filed.

The attorneys admitted that the layperson would find the logic “wrong-headed” and questionable, but said that they are following the strict requirements of Colorado wrongful death laws.

Carbon monoxide is a significantly toxic gas that is colorless, odorless, tasteless and lacks any sort of irritating factor that could allow someone to detect its presence. Leaks of carbon monoxide are the leading cause of fatal poisonings in the United States, injuring about 40,000 people annually. The first symptoms of CO poisoning, which could include headaches, nausea, light headedness and flu like symptoms, are often not attributed to a gas leak, potentially resulting in prolonged exposure.

According to the claim by the Lofgrens’ relatives, the vacation home did not have a carbon monoxide detector, which was required by Colorado law at the time. The home also did not have properly installed heating, ventilation or air conditioning, had a defectively designed boiler and there were disconnected fresh air intake vents and exhaust vents. All of those factors contributed to a build up of carbon monoxide in the home, with no way for the family to know of the impending danger.

The cause of the carbon monoxide leak was found to be faulty appliances used for hot water and to melt snow.