TiCourtney McMullen, Ind. and as Next Friend of Minor Children vs. Red Bird Trails Apartments, Bridgeway Capital, LLC, Urban Custom Plumbing LLC et al

Case Background

On February 22, 2017, Plaintiff  TiCourtney McMullen filed a Carbon Monoxide Poisoning lawsuit in the Texas State, District Court of Dallas County (Case number: CC-17-00945-A). Judge D’Metria Benson presided over the case.

Cause

On May 5, 2015, TiCourtney McMullen and her minor children lived at Red Bird Trails Apartments in Dallas, Texas. The apartment complex was owned and managed by Red Bird Trails Apartments and Bridgeway Capital, LLC. These companies were responsible for property management, maintenance, repair, and overall safety, including the HVAC and air systems.

The property managers hired BCJ Professional Mechanical Services or Urban Custom Plumbing, or possibly both, to repair the boiler room. Due to negligent repairs and maintenance, carbon monoxide leaked from the boiler room into nearby apartments, including the McMullens’ unit.

The defendants failed to perform repairs that would prevent carbon monoxide from entering adjacent apartments. They also did not warn residents about the maintenance work or the danger of carbon monoxide exposure. Additionally, the defendants failed to supervise the repair work properly or hire competent staff for the boiler system’s repairs.

The petition alleged that the defendants knew or should have known that the maintenance services were necessary for residents’ safety. The McMullens and other residents relied on the defendants to perform these services safely. However, the defendants’ poor performance of the maintenance services increased the risk of harm to residents.

Injuries

As a direct result of the carbon monoxide leak, TiCourtney McMullen and her children suffered carbon monoxide poisoning. This led to injuries throughout their bodies. The petition did not detail the specific nature of the injuries. Carbon monoxide poisoning can cause symptoms ranging from mild to severe.

Damages

The plaintiffs sought damages, including:

  • Physical pain and suffering (past and future)
  • Mental anguish (past and future)
  • Physical impairment (past and future)
  • Disfigurement (past and future)
  • Medical expenses (past and future)
  • Loss of earning capacity (past and future)
  • Loss of consortium (past and future)
  • Loss of services (past and future)
  • Exemplary damages based on gross negligence

The petition stated that the plaintiffs were seeking monetary relief exceeding $1,000,000. This indicated the severity of the damages claimed.

Key Arguments and Proceedings

Legal representation

 

  • Defendant(s):Red Bird Trails Apartments |  Bridgeway Capital, LLC | Urban Custom Plumbing L.L.C. |  BCJ Professional Mechanical Services, Inc. d/b/a Professional Services Company
    • Counsel for Defendants: Brent D. Anderson|  Jazmine Pelayo | Floyd R. Hartley Jr. | Jessica Zavadil Barger |  Edith Marie Jamison | Laura W. Slay | Darrell L. Barger | Colin L. Powell |  Kelly M. Crain | Brian Scott Anderson | Sheldon I. Goldstein |  Mary Leslie Davis |  Brian Scott Engel | Gary D. Turner

Claims

The plaintiffs filed multiple claims against the defendants in a Carbon Monoxide Poisoning lawsuit :

  • Premises liability negligence (against Red Bird Trails Apartments and Bridgeway Capital): The plaintiffs alleged they were invitees on the property as residents. The defendants, as property owners, had a duty to keep the premises reasonably safe. They were also required to protect invitees from unreasonable risks and warn them of dangers. The defendants breached this duty by failing to make the premises safe or warn of the dangers.
  • Ordinary negligence: All defendants had a duty of ordinary care to the plaintiffs, which they breached.
  • Negligent activity: The defendants’ actions in performing repairs and maintenance were negligent.
  • Negligent undertaking: The defendants undertook services necessary for the plaintiffs’ safety but failed to exercise reasonable care.

The petition alleged that the defendants were negligent in the following ways:

  1. Failing to maintain, inspect, test, and repair the boiler system safely.
  2. Failing to train and supervise personnel responsible for maintaining and repairing the boiler system.
  3. Hiring untrained, unqualified, and/or incompetent personnel to perform services and repairs.

The plaintiffs claimed these negligent acts and omissions, whether individually or collectively, caused the carbon monoxide leak. This resulted in injuries and damages sustained by the plaintiffs. The petition also asserted that the defendants’ separate negligent acts contributed to an indivisible injury. This made it impossible to separate and allocate the injuries and damages among the defendants.

Defense

The defendants filed their original answer in response to the plaintiffs’ Carbon Monoxide Poisoning lawsuit . They began with a general denial of all material allegations made by the plaintiffs and demanded strict proof as required by Texas law. Furthermore, they asserted several affirmative defenses. They invoked the doctrine of proportionate responsibility and asked the court to compare all parties’ relative fault. They argued against pre-judgment interest, claiming any trial delay was not their fault. The defendants also claimed the incident was an unavoidable accident.

Additionally, the defendants asserted defenses related to potential settlements, including accord and satisfaction, release, and credit for any settlements with other parties. They challenged the constitutionality of punitive and exemplary damages. They claimed these violated the Due Process Clause, Equal Protection Clause, and Eighth Amendment of the U.S. Constitution. Also, they invoked Texas Civil Practice & Remedies Code §41.008 to limit punitive damages and §41.0105 to limit recovery of medical expenses.

Experts Testimony

The plaintiffs presented expert witnesses focused on damages and causation of injuries. Dr. Rodney N. Isom, a Life Care Planner, and Dr. Arthur Joyce, a neuropsychologist, testified on damages. Their reports were disclosed and depositions completed. Dr. Saleem Malik, another neuropsychologist, provided similar testimony on damages and injury causation. Dr. Nancy Murray, an audiologist, and Dr. Robin S. Price, a neuro-ophthalmologist, testified as well. Dr. John M. Trapani III, an economist, focused on future medical expenses and economic losses. Dr. Lindell Weaver, an internal medicine specialist and CO expert, testified on damages and injury causation. Lastly, Michael J. Welton, a liability expert, addressed liability, standards of care, and the cause of the incident.

Jury Verdict

On August 13, 2024, the jury found three parties responsible for the injuries Carbon Monoxide Poisoning lawsuit . They awarded $59 million to the plaintiffs as follows:

  • Redbird Trails: 50%
  • Bridgeway Capital: 40%
  • Urban Custom Plumbing: 10%

For damages, the jury awarded:

TiCourtney McMullen:

  • $50,000 for past physical pain
  • $10,000,000 for past mental anguish
  • $1,000,000 in exemplary damages

C.S.(1):

  • $20,000 for past physical pain
  • $1,000,000 for future mental anguish
  • $9,000,000 for future medical expenses until age 18
  • $10,000,000 for future medical expenses after age 18
  • $4,000,000 in exemplary damages

C.S.(2):

  • $50,000 for past physical pain
  • $1,000,000 for future mental anguish
  • $9,000,000 for future medical expenses until age 18
  • $10,000,000 for future medical expenses after age 18
  • $4,000,000 in exemplary damages

Court Documents:

Available Upon Request