The Ocean City Dispatch reports that a family has settled out of court regarding the deaths of a vacationing father and daughter, Paul and Kelly Boughter, died from carbon monoxide poisoning in an Ocean City, Maryland motel last February. Two other family members were exposed to the carbon monoxide in the Days Inn but survived. The award of damages will remain confidential.
The wrongful death and personal injury case was a complex one, as several parties were negligent during and after the accident occurred. The carbon monoxide was leaking from an exhaust pipe from a water heater in the basement that had been dislodged for an unknown reason, affecting several different rooms on the first floor of the Days Inn.
When three different paramedic groups came to the scene of the accident, a miscommunication during the rescue operation mean that the Boughter family in Room 121 were left unconscious in their room while others were saved. It was not until hours later that the bodies of the deceased were discovered – long after the rescue workers had thought their work was done.
Several different parties were involved in the law suits that followed, including Bay Shore Development Corporation, the owner of the Days Inn; Heat Transfer Products Inc., the manufacturer of the water heater; RE Michael Co. Inc., the seller of the water heater’ Joyce Agency; and All About Plumbing, the installer of the water heater.
The wrongful death case cited negligence, breach of warranty and strict liability in the two deaths. In addition, the surviving members of the Boughter family filed a personal injury lawsuit. The Boughters are pleased with the settlement, and are now moving on to the healing process following the loss of their loved ones.
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