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Personal Injury (Non-Vehicular)
Premises Liability
Toxic Exposure

Marilyn Schissler v. Pierrette Barut, Mock Property Management

Published: Oct. 4, 2001 | Result Date: Apr. 19, 2001 | Filing Date: Jan. 1, 1900 |

Case number: 99CV2061 –  $0

Judge

Frank N. Dubofsky

Court

Boulder District


Attorneys

Plaintiff

Jeffrey S. Gard


Defendant

Franklin D. Patterson

Thomas Henson


Facts

The plaintiff alleged that she suffered toxic exposure to low doses of carbon monoxide caused by an old and improperly maintained water-heater in the apartment she had rented in August 1996. Pierrette Barut owned the property, which was managed by Mock Property Management. In December 1997, she alleged that she suffered acute carbon monoxide poisoning, and that she and her daughter lost consiousness for approximately 40 hours.

Settlement Discussions

There was a $1.4 million demand before trial, and a $50,000 statutory offer of settlement on behalf of both defendants.

Injuries

The plaintiff alleged permanent brain damage caused by acute long-term, low-dose carbon monoxide exposure. Cognitive deficits include visual problems, memory loss and loss of executive function. Economic loss of $1.3 million because she could no longer work as an engineering analyst. Future medical expenses for medications and cognitive rehabilitation therapy.


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