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Evidence keyed to Mueller
Cain v. George
Facts
The parents of a boy who died from carbon monoxide poisoning, Plaintiffs, sued the motel where the death occurred for wrongful death. A chair adjacent to a heater caught on fire. Plaintiffs claimed the gas heater in the motel room was improperly installed and vented, and never inspected or cleaned since installation. The jury found that the death was not proximately caused by Defendant or by the Plaintiffs’ son, but was an unavoidable accident. The District Court found for the Defendant. Plaintiffs appealed claiming the trial court erred in allowing testimony of the motel owners regarding the number of people who had occupied the motel room and who had made no complaints.
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