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| Jury awards $100K to two corrections workers |
| By Caledonian Record |
| Published: 02/23/2004 |
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Two Department of Corrections employees were awarded over $100,000 by a Caledonia County jury Feb. 13 night for a workplace accident. Lynn Bushey, a probation officer, and Marsha Rowell, an administrative assistant at the DOC, sued for compensation on the injuries and suffering they sustained following their exposure to carbon monoxide from a malfunctioning heating system on Jan. 18, 2000. The two cited Murphy Realty, the owner of the Eastern Avenue building, and New England Air Systems, who was responsible for the design and maintenance of the heating unit, as defendants in the case. Murphy Realty and New England Air Systems did not dispute their liability in the accident and conceded that aspect of the case prior to trial. The two sides, however, could not come to agreement on what was fair compensation for Rowell and Bushey and called upon the jury to determine that monetary value of their pain, suffering and loss of enjoyment of life. Rowell succumbed to the gas that morning and was found passed out at her work station by Bushey, who also suffered symptoms from the exposure. While the two quickly recovered physically from the near death experience - the level of carbon monoxide in Rowell's system was dangerously close to the fatal level and Bushey's was not far behind - the women developed psychological conditions, including diagnosed post-traumatic stress disorder, that they claimed were attributed to the incident. In the end, the jury took about three hours to decide the case and awarded $65,000 to Rowell and $35,000 to Bushey in compensatory damages. The two women also were awarded the cost of their medical expenses and lost wages. Rowell's husband, Robert, was awarded $10,000 for loss of consortium. |

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