State v. Brooks

658 A.2d 22 (1995)

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Nature of the Case

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Facts

D purchased a home that was equipped with a driveway heater. Exhaust fumes from the system were supposed to exit through a vent located on the backside of the garage. On November 27, 1987, D turned on the driveway heater before running an errand. Another occupant, Jill McDermott, and her infant became ill from noxious fumes that had emanated from the garage. When d returned home, McDermott asked him to take her and the baby to the hospital. D took them to the emergency room where they were examined and released; no diagnosis was made. D thought the fumes were caused by a plumbing problem and called C & L Plumbing and Heating to inspect the heater. C & L determined that a dislodged flap in the termination kit was preventing proper exhaust. He explained the malfunction to D and told him that repairs should be made, and safety features added. C & L then called Vermont Gas Systems (VGS) and met with one of its employees to examine the system. After doing some additional work on the unit, both servicemen decided the gas should remain off until repairs were made. The VGS employee told McDermott the system was not safe to operate and that she was lucky to be alive, 'because it was carbon monoxide.' McDermott relayed these comments to D. The owner of C & L called D and told him that the heater had been improperly installed and VGS would call about necessary repairs. A VGS supervisor also called and explained the dangers of the condition and agreed that it should be repaired. Approximately one month after the accident, C & L returned to D's home to service other appliances. When asked about the heater, D admitted that nothing had been done. Linden told defendant he was playing 'Russian roulette,' to which defendant remarked that 'he would have to call the gas company.' In May 1988, D hired a real estate agent to sell his home. D did not mention the heater's history to the agent. D instructed the agent to turn the heater on, then off, when demonstrating it to prospective buyers. The heater was a highlighted feature in agent's marketing materials. While a carpenter was at D's home, D told the carpenter that the heater had problems and asked if he would work on the heater. The carpenter declined because he lacked experience with such systems. D never mentioned any prior problem or faulty condition to any prospective buyers. The von Albrechts made an offer to purchase the house which defendant accepted. The buyers then arranged a professional home inspection. During the inspection, D demonstrated the heater but did not explain how it worked or mention its history. At the September closing, D showed Linda Cifarelli and her parents the central vacuum system, the drainage system, and the driveway heater. When showing the heater, D told them it was not necessary to run it for more than two hours. On the evening of December 9, 1988, Linda Cifarelli and her husband, John, turned on the driveway heater because it was snowing. They put their two young daughters to bed upstairs and followed shortly after. A house guest, Andrew Csermak, stayed awake to watch television. After a while, Csermak became dizzy and nauseous and eventually vomited. Csermak cracked a window and fell asleep on the downstairs couch. When Csermak awoke at noon, he was concerned because the Cifarellis were not yet awake. He went upstairs and discovered that only the infant daughter was still breathing. Csermak called 911. The police and firemen discovered the bodies and found the garage door dripping with condensation and the driveway heater running. The infant and Csermak were taken to the hospital and diagnosed with carbon monoxide poisoning. Autopsies revealed that Linda and John Cifarelli and their daughter died of carbon monoxide poisoning. D was charged with three counts of involuntary manslaughter by reckless endangerment and convicted by a jury in October 1992. D appealed.