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attributed it to the unit’s water tested the subject unit and warnings.
heater.” A short time later, a found high levels of carbon The underlying incident
plumber also inspected the monoxide; but the test results occurred on November 9-10,
water heaters, found issues were contradicted several 2012, when eighteen-year-
with the venting systems days later by an Intermountain old Private First Class McQuen
and advised the property Gas employee, who found Forbush (Forbush), who had just
management company normal levels of carbon completed basic training, and
that the issues needed to be monoxide in the unit. his girlfriend, Breanna Halowell
taken care of before there Notably, the POA (Halowell) were overnight
were health problems or a also issued procedures in guests in the subject unit. Sadly,
death. The property managers March 2012 that included Forbush died and Halowell was
determined that more needed a provision for hard-wired seriously injured after they were
to be done than cleaning the carbon monoxide alarms to be exposed to hazardous levels
screens and decided the water installed over time, including of carbon monoxide through
heaters should be replaced. during unit change overs or the night. After the incident,
Tenants were informed that during scheduled maintenance it was determined that the
there were toxic level of
higher levels At the end of the day, the goals carbon monoxide
of carbon are simple: safety and security. emissions was
monoxide in caused by a
some units than ~Jodi Rell clogged water
the property heater vent.
managers “would like to see” procedures. However, after the Moreover, it was discovered
and that the water heaters fi re department was called to a that the battery-operated
would be replaced starting unit in October 2012, because carbon monoxide detector
the next week. Tenants were the carbon monoxide alarm in the apartment unit was not
also provided with carbon sounded, and found high working because the tenant
monoxide detectors. levels of carbon monoxide, the had removed the batteries
Unfortunately, despite the property managers asked that when the detector started
notice to the tenants about a hard-wired carbon monoxide beeping (likely due to low
known carbon monoxide risk, alarms be installed in every unit batteries) and put the detector
months later the water heaters immediately. The POA agreed, in the closet.
still had not been replaced. but apparently there was no
The property management follow through on the decision. The Lawsuit.
company, the POA and the Other issues arose between Forbush’s parents and
unit owners apparently did not the property managers and Halowell fi led a wrongful
come to an agreement on POA related to the carbon death and personal injury
how to handle the issue. More monoxide concerns including action against multiple
inspections and testing were how to handle preventative defendants including entities
done including on the subject maintenance, e.g. the cost and individuals associated
unit where the underlying of hiring a plumber to do the with the apartment complex
carbon monoxide exposure preventative maintenance; management; A.O. Smith,
incident took place. In March who should issue warnings to the company that designed
2012, property managers tenants and the scope of the and manufactured the
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