Carbon Monoxide Deaths: Mother Sues

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Posted: Thursday, October 9, 2008 --- 8:10 p.m.

MADISON, Wis. (AP) -- A woman whose parents and two daughters died from carbon monoxide poisoning while sleeping in a horse trailer before last year's World Clydesdale Show in Madison is suing the maker of a portable heater the victims were using.

The lawsuit filed in Dane County Circuit Court today by Karina Clay claims the company knew the heater was dangerous but sold it without safety warnings.

Found dead the morning of October 11th, 2007, were 68-year-old DeVere Clay and his 57-year-old wife Barbara Clay, who were Clydesdale breeders from Tomah, and their granddaughters, 10-year-old Erin Briney and 13-year-old Hope Briney.

They were at the Alliant Center in Madison to attend the World Clydesdale Show, which opened the next day.

The lawsuit seeks unspecified damages from Mr. Heater Corporation and its parent company, Enerco Group, of Cleveland.

A phone message left by The Associated Press at Enerco Group headquarters was not immediately returned.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: Jake Location: Madison on Oct 15, 2008 at 02:16 AM
Why? Why sue? I mean, it isn't like she has any medical bills to contend with, or long term care responsibilities... so... why?

Posted by: Deke Location: Madison on Oct 13, 2008 at 03:47 PM
Soooo... when is she going to sue her parent's estate (herself, I would imagine, or her brothers and sisters, if any) for the fact her own parents caused a wrongful death by the improper use of the heater? Probably after she sues the manufacturer of the horse trailer for not ventilating it properly, alliant energy for not providing heated sleeping areas (they're called hotels sweetie, and there's a big one across the street from the fairgrounds!) event organizers for having the event during a cold season where faulty intelligence danger heaters needed to be used, the state of WI for being too cold, and God for not making it warm that weekend. Let's see, did we leave anyone out? family is dead, and that is a tragedy, but come on- if they didn't know the dangers of CO, they would have been dead the first time they started a car in a closed garage!

Posted by: D Location: Madison on Oct 10, 2008 at 05:41 PM
Very sad situation to lose family like that, but lets be real here, If i learned anything a long time ago its ALWAYS the guy who has the Money gets away with things and the guy who doesnt have the money always gets screwed over, either way it was terrible

Posted by: Anonymous Location: Madison on Oct 10, 2008 at 11:56 AM
This was a Tragedy, and my Heart goes out to the Family that lost their loved one's. But suing the Company that made them Heaters, is rediculous. It clearly states on them Heaters that ventilation is needed, and that they should not be used in small or even closed spaces. The company is in my opinion not at fault. What will a law suit bring, NOTHING, they will not bring their loved one's back.

Posted by: Sara on Oct 10, 2008 at 11:16 AM
I hope the family gets what they deserve too....NOTHING!! If this was a gas heater, it's common sense that you can't use it in small quarters due to the risk of carbon monoxide poisoning...so how is this the company's fault? This seems like just another case of an extremely upset family (understandably, of course) misplacing the blame so they can get money.

Posted by: Anonymous on Oct 10, 2008 at 11:14 AM
Sounds like a ACCIDENT that would of been avoided with the simple use of common sense. A heater that old, should have been taking in and inspected anually before using it, especially, when knowingly using it with children present. This suing nonsense has gotten out of control. Accidents happen, it seems this one could have been avoided, if there wasn't negligence on the adult victims part. At the beginning of every heating season, warnings about space heaters are every where newspapers, radio's and T.V.

Posted by: Marie Location: Janesville on Oct 10, 2008 at 08:03 AM
If the company is liable they should pay up. And k-people don's just throw things away after a year or so, some people try to get their money's out of their purchases. Try to have some compassion. Two very young girls will never get to experience life now. I hope this family get's what they deserve.

Posted by: Anonymous on Oct 10, 2008 at 07:57 AM
I dont know the facts, but if this was a gas/propane NOT electric heater. Its common sence that there would be carbon monoxide by product from buring the fuel. Not to mention it was 16 years old. Pain often breeds ignorance. Sorry for your loss in this ACCIDENT!

Posted by: k Location: b on Oct 9, 2008 at 08:34 PM
personally i think its stupid suing a compnay for probably millions of dollars will not bring your family back and the heater was 16 years old, i mean cmon, who even keeps heaters that long

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