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Suit faults generator fumes for campers' deaths
8/1/2007 3:16 PM By Michelle Massey, Texarkana Bureau
While sleeping in a camper attached to a pickup truck, Dalton Ray Howell and Douglas Ray Curry were "overcome" with carbon monoxide fumes resulting in their untimely deaths.
Gary and Rosetta Howell, parents of Dalton Ray Howell, allege that a gas powered generator, which was outside of the camper on a bumper platform, produced carbon monoxide fumes that were able to accumulate inside.
The Howells filed a wrongful death suit against Capri Camper Manufacturing of Joshua, Texas, Troy-Bilt of Valley City, Ohio and Briggs & Stratton Corporation with agent in Dallas, Texas.
Defendants were "negligent in providing, designing and/or manufacturing the camper," the suit said. The suit continues by asserting that the Defendants "breached the implied warranties of merchantability" resulting in the plaintiffs injuries.
Filing under the Texas Wrong Death Statute §71.001-71.0011, the Plaintiffs are suing for loss of companionship, mental anguish, and pecuniary losses. On behalf of the deceased, damages are sought for physical pain, mental anguish, medical and burial expenses.
On behalf of the Howells, attorneys Robert Schroeder III, and Nicholas Patton from the law firm of Patton, Tidwell, and Schroeder LLP of Texarkana, Texas, filed the suit within the Eastern District of Texas on July 10. Judge David Folsom will preside over the case.
Defendants Capri Camper Manufacturing, Troy-Bilt and Briggs & Stratton Corporation have not yet filed a response.
Case No. 5: 07-cv-00105.
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