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Shapiro, Appleton & Duffan, P.C.

Family Files Wrongful Death Suit in Carbon Monoxide Case

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The family of a 10 year-old boy who died from carbon monoxide poisoning in a motel in Boone, North Carolina has filed a wrongful death lawsuit.

Their child died in their motel room on June 8, 2013.

His mother stated in the lawsuit that she was sickened and knocked out by the poisonous gas, which allegedly leaked into their room due to a malfunctioning pool water heater at the Best Western hotel.

Police stated that the very same leak led to the deaths of two other people a few weeks earlier. Toxicology tests on the boy’s body confirm that he did die of carbon monoxide poisoning.

We send our deepest condolences to the family of the boy in this tragic case. It astonishes us that two other people previously died in the very same room a few months before this tragedy! We hope that the personal injury lawyers working on this wrongful death lawsuit obtain justice for the brokenhearted family.

In North Carolina, four points must be proven for a wrongful death suit to be successful. First, the death must be proven to have been caused at least in part by the defendant. Second, the death came about because of negligence on the part of the defendant.

Third, the death must affect the surviving family who would be beneficiaries in the lawsuit. Last, the death must lead to monetary damages. It seems to us that the grieving family has a very strong case, and we hope they are successful.

 

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