KINGWOOD — An Independence family is suing Preston 911 and the Preston County Commission, saying 911 did not respond adequately to its call.
Rhoda M. Marchant, her husband, Timothy E. Marchant, and their son, Timothy S. Marchant, filed suit in Preston Circuit Court. The suit says Rhoda Marchant suffered permanent partial blindness due to 911’s negligence.
According to the suit, on Feb. 7, 2018, a weather-related power outage occurred. The younger Marchant, then a minor, started a generator near the mud room door outside their home. The family did not realize the generator was sending carbon monoxide into the home.
After power returned, the generator was turned off. The family began suffering ill effects from the fumes and opened windows and doors to remove them.
According to the suit, they “did not understand or appreciate that they may be suffering from carbon monoxide poisoning” or how it might affect them. Timothy E. Marchant, “confused and suffering from high levels of carbon monoxide in his system,” called 911.
His confusion during the call should have indicated possible carbon monoxide poisoning, the lawsuit says. But Preston 911 did not “direct or encourage” the family to seek immediate medical attention or request an ambulance.
Timothy E. Marchant said he wasn’t sure he should be driving to the hospital, though he felt his wife should go. A fire department was dispatched by 911 to test the home for carbon monoxide.
After a while, the family called 911 again and said they felt sick from carbon monoxide poisoning and the wife and son wanted to go to the hospital. No ambulance was dispatched nor was information provided on how the gas might affect people, they say.
The 911 dispatcher told the family it could call back for an ambulance, the suit says. After the fire department arrived, Timothy E. Marchant drove the family to the hospital even though he was in a “deteriorated physical and mental condition.”
Preston 911 is guilty of negligence, the Marchants say, by not explaining the symptoms and dangers of carbon monoxide poisoning, not sending an EMT or ambulance and not handling the call properly. The agency also violated state code by not sending help, the suit says.
The Preston 911 is a subdivision of the Preston Commission, so it is named in the suit as well. The Marchants request a jury trial and want to be compensated for medical expenses, attorney fees and compensatory damages.
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