Fuhrmann v. Allstate Insurance

823 So. 2d 1135, 2002 La. App. LEXIS 2597, 2002 WL 1842961
CourtLouisiana Court of Appeal
DecidedAugust 14, 2002
DocketNo. 36,287-CA
StatusPublished
Cited by1 cases

This text of 823 So. 2d 1135 (Fuhrmann v. Allstate Insurance) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fuhrmann v. Allstate Insurance, 823 So. 2d 1135, 2002 La. App. LEXIS 2597, 2002 WL 1842961 (La. Ct. App. 2002).

Opinion

h BROWN, J„

Plaintiffs appeal a judgment dismissing their suit against Reliant Energy Arkla (“Reliant”) after a jury unanimously found that a Reliant service technician was not negligent in an incident involving carbon monoxide emissions and poisoning from an improperly burning furnace. We affirm.

Facts

Plaintiffs, Bruce and Diana Fuhrmann, leased a home located at 1402 Audubon Street in Shreveport from Randy and Velma Hinds of Benton, Louisiana. The Fuhrmanns have three children: Erich, Nicholas and Lauren. Plaintiffs allege that on February 14 and 15, 1999, they were injured by carbon monoxide emissions from a defectively operating heating unit in the home. They contend that their injuries were worsened by the negligence of Reliant.

On the evening of February 14, the Fuhrmanns suspected problems with the furnace when their children complained that they smelled gas. Mr. Fuhrmann looked at the furnace, and, after seeing that it was burning, he went to bed. There were no other natural gas operating appliances inside the home.1

Mr. Fuhrmann left for work with a headache the following morning of Febru[1137]*1137ary 15. Mr. Fuhrmann worked for his brother in the business of delivering and installing appliances for retail businesses. On this day they were working for Sears. While at work, Mr. Fuhrmann’s wife called and Igtold him everyone in the house was sick with flu-like symptoms. Mr. Fuhrm-ann returned home.

Mrs. Fuhrmann called Mr. Hinds and spoke with his secretary regarding the central heating unit. The secretary told her to call Arkla (Reliant). At 9:49 a.m., Mrs. Fuhrmann called Reliant. The call was coded “117,” meaning a possible gas leak in the residence. A Reliant technician, Robby Roberson, arrived at the home in approximately 10 minutes. Roberson testified that when he arrived the doors were open, the windows were up, and he assumed that the Reliant dispatcher told the Fuhrmanns to take these measures! He said Mr. Fuhrmann met him at the door. He testified that he mentioned to Mr. Fuhrmann that the leak must have been pretty serious (the doors and windows being open) and Mr. Fuhrmann told him someone at Reliant told him to open the windows and doors or to go to a neighbor’s house.

The Fuhrmanns disagree with this part of Roberson’s testimony. Although suspecting a gas leak, Mrs. Fuhrmann testified that they did not raise the windows until after Roberson finished his work and left the home.

The Reliant dispatcher, Sandra Williams, took the call from Mrs. Fuhrm-ann. She testified that she gave the caller instructions to open the doors and windows; however, she failed to note such instructions in the computer log. Nevertheless, she stated that it was customary practice and her habit to advise callers to open the windows and doors whenever a gas leak or “117” call is reported.

13Roberson testified that when he arrived at the house, he was greeted by Mr. Fuhrmann. When he entered the house, Roberson said that he checked for the presence of gas and carbon monoxide in the air and found none. He asked Mr. Fuhrmann what appliances in the home operated on natural gas. Mr. Fuhrmann showed Roberson the gas furnace. Roberson conducted a “shut-in” test for gas leaks and found none. The furnace thermostat was in the “off’ position. Roberson then turned on the heater, letting it run for 45 seconds and observed that it was burning improperly. He cut the heater off and issued a notification tag to Mr. Fuhrmann regarding the improperly burning heater. Roberson had Mr. Fuhrmann sign the tag and attached the red copy of the tag to the furnace. The tag warns that the appliance is not to be used until corrective action has been taken. On the tag there is a check-box which lists types of appliances and also a check-box each for “leak” and “carbon monoxide.” Roberson checked the box denoting the problem was the “heating unit,” and wrote in the space provide on the tag: “1 of 4 burners not operating properly — cut off and capped.” He did not record or make a notation in the boxes adjacent to “leak” or “carbon monoxide.” Roberson did not find a gas leak, which was the purpose of the call, and he did not measure for carbon monoxide after the initial test he performed when he entered the home. He testified that he told Mr. Fuhrmann that an improperly burning unit could emit carbon monoxide. Roberson left the residence at 10:32 a.m., having been at the home approximately one-half hour.

RRoberson testified that Mr. Fuhrmann never said anything to him about being ill or anyone in the house being ill. He said Mr. Fuhrmann did not exhibit any symptoms of carbon monoxide poisoning, and he did not see anyone else in the house. He [1138]*1138stated that he saw Mr. Fuhrmann working at his computer while he checked out the furnace and hot water heater.

Some time after Roberson left, Mr. Fuhrmann called the Highland Hospital Emergency Room. He then drove to Sears where he and his brother, Gary, were working. He called the Fire Department from a Sears pay telephone at 11:13 a.m. A fire department CAD event report (Computer Aided Dispatch) or caller log stated that the unknown caller reported a possible gas leak, requested an ambulance and hung up. Mr. Fuhrmann returned to the home with Gary, who testified that they removed the family from the home. Fire Department records indicate that the Fuhrmanns were sitting on the lawn complaining of headaches, nausea and vomiting when they arrived. Fire Department personnel tested each of the Fuhrmanns for carbon monoxide poisoning with a Breathalyzer. The tests showed the presence of carbon monoxide in their bloodstream. Mr. Fuhrmann tested at 56 parts per million on the Breathalyzer. According to the testimony of Shreveport Fire Department Captain Ronnie Robinson, who was at the scene, a reading of 80 or greater without symptoms warrants a trip to the hospital; however, a reading of less than 80 with symptoms also warrants a trip to the hospital. Robinson said Mr. Fuhrmann complained of a light headache. Symptoms of carbon monoxide poisoning include headache,_[¿nausea and difficulty breathing. According to the reports, both Mr. and Mrs. Fuhrmann appeared to be alert, conscious and oriented.

Captain Michael Mackey was also a member of the EMT team who went to the Fuhrmann home. He testified that when he arrived the children were sitting out on the lawn and complaining of nausea, vomiting, and headaches. Each had already been tested for carbon monoxide poisoning. The test results showed that Mrs. Fuhrmann had a reading of 57 part per million; Erich Fuhrmann had 71 parts per million; Nicholas Fuhrmann had 50 parts per million; and, Lauren Fuhrmann had 45 parts per million.

The Fuhrmanns were transported by ambulance and private vehicle to a local hospital. There is no record or first hand testimony that the air in the home was actually tested for the presence of carbon monoxide by the fire department. Mr. Fuhrmann testified that the fire department did not check the home for the presence of carbon monoxide. According to Mr. Fuhrmann, the fire chief told him that they could not get a reading because he had opened the windows and doors.

At the hospital, each Fuhrmann family member was tested for elevated carbonox-yhemoglobin, or in lay terms, for the presence of carbon monoxide in their blood. The tests yielded the following results: Mr. Fuhrmann, 18.4%; Mrs. Fuhrmann, 7.9%; Erich Fuhrmann, 9.0%; Nicholas Fuhrmann, 7.6% and Lauren Fuhrmann, 7.9%.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Murco, Inc. v. Streeter Service Elec., Inc.
942 So. 2d 690 (Louisiana Court of Appeal, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
823 So. 2d 1135, 2002 La. App. LEXIS 2597, 2002 WL 1842961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuhrmann-v-allstate-insurance-lactapp-2002.