California couple files suit in carbon monoxide poisoning

SALT LAKE CITY — A California couple has filed a lawsuit against four Salt Lake City companies and a Colorado company after they say they suffered carbon monoxide poisoning due to the companies' negligence in fixing the freight line truck they used for work.

M. Jeffrey Barger and Martha L. Carvantes, of Merced County, Calif., were both long-distance truck drivers. Barger retained certification from the CR England Training Program in February 2009, and was then provided a 2007 Freightliner truck from a leasing company the business uses, according to the lawsuit filed in 3rd District Court.

A problem was found with the exhaust system, and Horizon Truck Sales and Leasing was to make the repairs, the lawsuit states. The company said it completed the repairs and the couple began driving the truck.

In March, repairs were said to have been made again by Trans-West Inc. in Commerce City, Colo., and 10 days later, Smith Detroit Diesel/Allison, Inc. in Salt Lake City, also made repairs, according to the lawsuit.

On June 25, 2009, Barger said he was en route on a job when he began feeling dizzy and sick and was admitted to a hospital. Barger had been exposed to carbon monoxide poisoning due to carbon monoxide that over several months was being dispersed throughout the truck because of defects of the truck, the lawsuit states.

"Barger had been exposed to carbon monoxide in such quantities that he suffered carbon monoxide poisoning resulting in severe and irreversible injuries, including, but not limited to, permanent brain damage," according to the suit.

Cervantes claims that she, too, suffered carbon monoxide poisoning, resulting in injuries, which have affected her ability to work.

This couple is now seeking for an amount of money to be determined at trial, but includes economic and noneconomic damages, costs, interest, attorney fees, and pre- and post-judgment interest.

Nelson Hayes, corporate council for CR England, said the company is still investigating the case. He has worked for the company for 17 years and said the company has not had any drivers of the company's trucks file a carbon monoxide claim against it before.

— Sara Lenz