Second suit filed in carbon monoxide deaths

Another wrongful death civil suit was filed in San Juan County Superior Court regarding the deaths of Troy Sullivan and Kelli Ashcraft from carbon monoxide poisoning  earlier this year.  Brook Ashcraft, sister of Kelli, and Thomas Ashcraft, uncle and administrator of the estate of Kelli Ashcraft, filed the complaint for damages against Kelli's parents, Edward and Tami Ashcraft,  JRL II (DBA Jim's Heating) and Inter Island Propane. 



The suit alleges negligence, negligent infliction of emotional distress, and wrongful death. The defendant's breaches of their duty of care to Kelli Ashcraft and Troy Sullivan, proximately caused plaintiff Brook Ashcraft to suffer severe emotional distress and harm.

The facts according to the plaintiffs:

On April 3, 2017 Brook and Kelli Ashcraft and Troy Sullivan all went to sleep at the Ashcraft residence. The following morning, Brook woke with a throbbing headache, was dizzy, and had great difficulty walking. She called to her sister to ask for help and for a ride to the hospital, but she received no response from either Kelli or Troy. 

Brook went downstairs to check on Troy and Kelli and found them both in an unresponsive state. Brook immediately called the police and while she waited for help began performing CPR. Both Kelli and Troy ultimately died from their exposure of carbon monoxide. Brook had to be hospitalized for her exposure to carbon monoxide. 

The fumes came from the HVAC system which used propane to heat the water that heated the home. 

The suit claims a temporary repair on the system was done by Edward Ashcraft, who had no training or experience with heating and ventilation systems, using PVC pipe.

In his answer to the other lawsuit which was filed by an uncle of Troy Sullivan, Ashcraft denied using PVC pipe. He said it was ABS pipe. 

The suit claims Inter Island Propane and Jim's Heating should have known that Mr. Ashcraft had installed and/or was using an undersized and unsafe plastic PVC vent pipe in place of the exhaust assembly on the home's boiler system. And that they breached a  duty of care by not redtagging the system or warning and/or correcting the dangers and consequences associated with Mr. Ashcraft's attempted but inadequate temporary repairs to the HVAC system.  

Inter Island Propane, which is owned by Jimmy Lawson,  responded to similar charges in the first lawsuit by saying they were not the propane suppliers to the Ashcraft home at the time. 

JRL II's  response to almost all of the allegations in the previous suit was: "Defendant is without knowledge sufficient to form a belief as to the truth of these allegations and therefore denies the same." 

According to the court documents, the Plaintiffs are asking for all damages sustained by the plaintiffs, including the estate and all statutorily recognized beneficiaries, in amounts proven at trial, including without limitation, all past and future economic and non-economic damages allowed by RCW 4.20, et seq. and the common law, including the loss of the accumulation or income, incurred medical, funeral, and burial expenses, loss of consortium, and the conscious pain, suffering, anxiety and fear of impending death experienced by the decedent. They also are asking for interest, attorney's fees, other and further relief as this Court may deem just and equitable. 

 

 

 

 

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