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Personal Injury
Negligence
Dangerous Condition, Negligent Installation

Kristin Sutton, et al. v. United States of America

Published: Jan. 3, 2009 | Result Date: Aug. 21, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 07-0170 Settlement –  $350,000

Court

USDC Southern District of California


Attorneys

Plaintiff

Gary B. Gelfand
(Gelfand & Gelfand)

Noah Green

Roger L. Gordon
(Gordon, Edelstein, Krepack, Grant, Felton & Goldstein LLP)


Defendant

Adam M. Dinnell

J. Patrick Glynn

David S. Fishback

Karen P. Hewitt
(Jones Day)

Timothy B. Walthall

Thomas C. Stahl
(Office of the U.S. Attorney)


Facts

The U.S. Marines deployed Kristin Sutton's husband, Steven Sutton, while she was living in base housing. In 1993, the United States of America installed a hot water heater in their base housing. In 1995, Kristen Sutton learned that the water heater had been leaking carbon monoxide.

Contentions

PLAINTIFFS' CONTENTIONS:
Kristen Sutton et al. contended that the defendant's installation of the water heater was faulty as its ventilation system was not connected. Further, the government failed to inspect the premises and thus, failed to discover the dangerous condition.

Injuries

The plaintiffs' claimed injuries included heart attack, racing heart, palpitations, headaches, numbness, chest pain, dizziness, sinus problems, enuresis impulse control, and long-term neurological damages.

Result

The parties reached a settlement amounting to $350,000.

Other Information

FILING DATE: Jan. 23, 2007


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