Virginia personal injury plaintiffs have to be careful in following the procedural rules in any case. In a recent Virginia Supreme Court decision, after a jury found in the plaintiffs’ favor, the Court determined the plaintiffs had amended their pleadings too late and sent their case back for a new trial in their carbon monoxide poisoning case.
The carbon monoxide detector went off in an apartment rented by four tenants, and a maintenance worker came and replaced the batteries. The alarm sounded again, and the tenants called the gas company. An inspector came and measured the carbon monoxide (CO) levels in the apartment. He found the CO levels were hazardous, turned off the gas supply to the furnace, and “red tagged” the furnace as the suspected source of the leak.
The apartment’s property management company then sent a maintenance worker to the apartment, who stated that he had found a loose vent pipe in the attic, reattached it, and rechecked the CO level. He repaired the vent pipe by using zip screws, which was contrary to manufacturer specifications. A city code enforcement officer later came, who found the CO levels were within the acceptable range and removed the red tag, but he did not go into the attic or inspect the furnace or vents.