Verdicts & Settlements October 24, 2011: Family settles case over poisoning death [Missouri Lawyers Media]

The siblings of a man who died of carbon monoxide inhalation received a $300,000 settlement from the owner of the apartment complex where the man lived.

Michael Brewer's insurer, Allstate Insurance Co., settled with the siblings of Brett A. Quinn: Leslie Ali Khan, Sharon Kreutztrager, Brian Quinn, Dennis Quinn and James Quinn. The parties agreed to settle the wrongful death claim before a suit was filed.

Quinn lived alone on the first floor of a four-family flat Brewer owned in South St. Louis.  On Nov. 26, Quinn, 66, died of carbon monoxide inhalation in his apartment.

Attorneys on both sides --Nelson G. Wolff of Schlichter, Bogard & Denton, for the siblings and Daniel T. Rabbitt of The Rabbitt Law Firm for the defense -- agreed the carbon monoxide inhalation was the result of an apparent water heater defect on the property. Quinn's unit was closest to the water heater.

Wolff said that proving significant, legally recognized damages was a challenge for a few reasons. Quinn wasn't married, did not have children, and his parents were deceased. He had health problems, which likely resulted in a lower-than-normal life expectancy. There was no evidence of pain and suffering; he likely died in his sleep. He had no dependents or special damages, and he was unemployed.

"He had a good relationship with his five siblings, so there was a loss of companionship, which we believed was significant," Wolff said.

The siblings issued a demand for the policy limits, setting up a potential bad-faith refusal claim. Allstate then tendered the policy limits, he said.

* $300,000 settlement

Wrongful death

* Court: St. Louis Circuit Court

* Case Number/Date: 1122-CC01798/May 10, 2011

* Insurer: Allstate Insurance Co.

* Caption: Leslie Ali Khan, Dennis Quinn, James Quinn, Sharon Kreutztrager and Brian Quinn v. Michael Brewer

* Plaintiffs' Attorneys: Nelson G. Wolff and Joshua D. Margolis, Schlichter, Bogard & Denton, St. Louis

* Defendant's Attorney: Daniel T. Rabbitt, The Rabbitt Law Firm, St. Louis