Trial Magazine

Clare Castleman, who was in her 70s, leased a condominium at the Palladian at Fairhope. She returned from the grocery store in her 2016 Hyundai Tucson, parked it in her attached garage, and left the engine running and the key fob in the vehicle. She later called the property management office and reported that her carbon monoxide alarm was sounding.

A maintenance employee came to Castleman’s unit and replaced the batteries in the detectors. When the alarm started sounding again about 30 minutes later, the management office sent the maintenance employee back to the condominium, and he removed all of the unit’s working carbon monoxide detectors.

That night, Castleman was found dead in her unit. The cause was determined to be carbon monoxide poisoning. She is survived by her two daughters.

Castleman’s estate sued the condominium, its owner, and its management company, alleging wrongful death. The plaintiff asserted that the maintenance worker negligently removed the detectors without determining what caused the alarm to sound and without testing for the presence of carbon monoxide.

The jury awarded $5 million in punitive damages.

Citation: Castleman v. Fairhope Ridge L.L.C., No. CV-2019-900659.00 (Ala. Cir. Ct. Baldwin Cty. Dec. 20, 2021).

Plaintiff counsel: AAJ members David S. Cain Jr. and Toby D. Brown, both of Mobile, Ala.