Trial Magazine

Newlyweds Lew and Catharine Hudgens checked into the Rainbow Ranch Lodge for their honeymoon. Four days after their arrival, the lodge’s general manager entered the couple’s room and found Lew, 59, deceased on the bed. Catharine, 55, was severely disoriented and was later diagnosed as having suffered brain damage from carbon monoxide poisoning. She had worked in software sales but was unable to return to her line of work after her injury. Lew, who had started a home repair and maintenance business, is survived by Catharine and his son.

Catharine, individually and on behalf of Lew’s estate, sued Rainbow Ranch Lodge, its general manager, several plumbers, and others, alleging negligence. The plaintiffs asserted that carbon monoxide had seeped through the wall separating their room from an adjacent room housing a spa boiler, which had not been properly maintained. Suit also claimed that Rainbow Ranch failed to conduct a timely wellness check on the couple, whose family became concerned after calling them repeatedly. The room at Rainbow Ranch also failed to have a legally required carbon monoxide detector, the plaintiffs alleged. The plaintiffs did not claim past medical expenses.

The jury awarded $15 million.

Citation: Hudgens v. Hussey Plumbing of Big Sky, Inc., No. DV 21-263A (Mont. Dist. Ct. Gallatin Cnty. Apr. 10, 2024).

Plaintiff counsel: AAJ members Skip Finkbohner and David Cain, both of Mobile, Ala.; and AAJ member Justin Stalpes, Bozeman, Mont.