Firm Secures 4.8 Million Verdict in Carbon Monoxide Case
The Kramer Injury Law is pleased to report a bench trial verdict we recently received for two of our deserving clients.
Back in 2013, a couple checked into The Kimball, a Salt Lake hotel, for a weekend getaway to celebrate their one-year anniversary. What they didn’t know was that a boiler in a closet next to their room was leaking toxic levels of carbon monoxide through the wall and into their room. A venting elbow had come undone, and with no CO detectors on the property, no one realized the system had failed.
The problem actually began years earlier when the hotel replaced the boiler without obtaining a permit or updating any of the venting. Although the hotel was later notified that the Plexvent venting had been recalled, it took no action to replace it. Even when venting failures were discovered in other boilers on the property, no effort was made to correct the issue.
After being exposed to these odorless and poisonous fumes, the couple experienced severe headaches and nausea. They managed to escape the room, fell asleep in their car for a while, then checked themselves into LDS Hospital. There, Dr. Lindell Weaver, a renowned carbon monoxide expert, treated them with hyperbaric oxygen therapy. The Salt Lake Fire Department was notified, confirmed fatal CO levels in the building, and evacuated it.
Unfortunately, the couple sustained permanent brain injuries from the exposure. The husband was permanently disabled, and the wife suffers ongoing cognitive impairments. Based on their injuries and the hotel’s conduct, a judge awarded them a $4.3 million verdict to help them manage the consequences and serve as a warning to other property owners.
Additionally, the court imposed $500,000 in punitive damages for the hotel’s knowing and reckless conduct, noting that the Kimball was aware of the defective condition and chose to ignore it.
Expert Witnesses
The plaintiffs called Dr. Lindell Weaver (treating physician and CO poisoning expert), Dr. Travis Snyder (neuroradiologist from Las Vegas), Dr. Anne Russo (clinical neuropsychologist), Kim Sieber (rehab psychologist), and Kim Coletti (cognitive rehab specialist).
The defense called Dr. Alan Goldman (neurologist), Dr. Stephen Thom (CO expert), Dr. John E. Knippa (neuropsychologist), Candace Winters (life care planner), and Dr. Robert Schick (neuroradiologist).
Concerns About Defense Expert Dr. Knippa
The court found the plaintiffs’ experts more credible and took particular issue with Dr. Knippa. Notable findings include:
Since 2012, he has only testified for the defense and has not worked with plaintiffs.
He accused the plaintiffs of exaggerating or faking symptoms.
He ignored critical MRI evidence and provided no opinion on it.
In a previous case (Perry Bartels v. State Compensation Ins. Fund), a judge ruled that Dr. Knippa disregarded relevant evidence and based opinions on unsupported hearsay.
He failed to disclose in another case that he co-authored a report presented as independent.
The court concluded that, as in prior cases, it would give Dr. Knippa’s testimony “no weight.”
Case: Roush v. Kimball Condominiums Owners Association, Case No. 150902951.
Ron Kramer is an attorney practicing injury law in West Jordan and throughout Utah.
