Heather Roush was in her 20s and 35 weeks pregnant. She was with her husband, Jayneson Roush, 37, when they checked into the Kimball, a condominium hotel. The Roushes were celebrating their wedding anniversary. Their hotel room was located next to the hotel’s boiler room, which became filled with carbon monoxide when exhaust from a boiler vented into the boiler room and the building’s hotel room instead of into the outside.
Heather and Jayneson fell ill and went to a nearby hospital where testing revealed they were suffering from carbon monoxide poisoning.
Despite hyperbaric chamber therapy, both Heather and Jayneson sustained permanent brain damage. The brain damage manifested itself in memory and word-finding difficulties, noise intolerance, anxiety and depression. Additionally, the birth of Heather’s baby was complicated by her condition.
Heather incurred medical expenses totaling approximately $22,300 while Jayneson’s past medical expenses were approximately $15,400.
The Roushes sued the condominium owner’s association, alleging the premises lacked working carbon monoxide detectors at the time of this incident. The lawsuit also maintained that the defendant condominium owner’s association had chosen not to properly service its boilers. The Roushes did not claim lost income.
The court entered a judgment against the defendants and in favor of the Roushes for more than $4.8 million. The parties later reached a confidential settlement.
The attorneys representing the Roushes were Blake Johnson and Ronald Kramer.
The Roushes’ counsel engaged experts in carbon monoxide and lifecare planning.
The defendant hired experts in carbon monoxide, neurology, and neuropsychology.
Roush v. Kimball Condominium Owners Association, No. 15-09-02951 (Utah Dist. Ct. Salt Lake County).
Kreisman Law Offices has been handling premises liability lawsuits, worksite injury lawsuits, hotel negligence lawsuits, wrongful death cases and brain injury lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Rolling Meadows, Deerfield, Inverness, Clarendon Hills, Tinley Park, Schiller Park, Olympia Fields, Homewood, Highwood, Richton Park, Arlington Heights, Chicago (Logan Square, Chinatown, Hegewisch, South Shore, East Side, Bronzeville, Roscoe Village), Morton Grove, Niles, Des Plaines and Evanston, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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