The relatives of three people killed by carbon monoxide poisoning in Nahant last year have filed a wrongful death suit against Marblehead plumbing and heating company Bartlett & Steadman. The complaint, which calls the deaths a “devastating and entirely preventable tragedy,” also names Bartlett & Steadman owner, Michael Steadman, and U.S. Boiler Company.
John Benson, 77, his sister-in law, Youngae Benson, 74, and his nephew, Andrew Carruth, 45, were found dead in their home on Cottage Street on Jan. 8, 2024.
The three “lost their lives to carbon monoxide poisoning in their home due to the defendants’ gross negligence, unsafe practices and corporate indifference to basic safety standards,” according to the complaint, filed Jan. 15 in Essex County Superior Court.
Bartlett & Steadman installed a new gas boiler in Benson’s home in July 2023, according to the suit.
“Despite explicit Massachusetts safety regulations, B&S and Steadman failed to obtain necessary permits, ignored installation standards and allowed unlicensed workers to perform critical tasks,” the suit alleges.
Salem attorney Rob Mazow represents the family of the victims.
“Bartlett & Steadman never pulled the required building permits,” Mazow told the Current. “Whenever you install a gas product, you need to pull a permit. They didn’t. It also requires a plumbing inspection, which didn’t happen.”
Mazow added, “It’s our allegation that an apprentice did the install and didn’t do it right, and the carbon monoxide backed up into the house. The boiler itself didn’t have safety features.”
A woman answering the phone at Bartlett & Steadman on Jan. 28 declined to comment or relay a message to Michael Steadman. Steadman’s attorney, Richard Barretta, said, “It’s our policy not to comment on pending litigation.”
Bartlett & Steadman, located on Village Street, opened in 1952. Its website reads, “We serve both commercial and residential customers, helping them with their new constructions, remodels and other HVAC and plumbing jobs. We provide honest assistance, high quality work and employ compassionate office staff working full-time to greet you with a smile.”
According to the 32-page wrongful death complaint, Benson called Bartlett & Steadman on July 31, 2023, just days after the install, to report that the light on the front of the boiler was not on. B&S allegedly did not come to the house to inspect the boiler.
On Nov. 6, Benson called B&S to report the boiler was leaking, according to the complaint. Again, Bartlett & Steadman allegedly did not send anyone to the home.
On Nov. 13, the complaint alleges Benson called B&S to say the “condensate box plug” was loose, with no visit from Bartlett & Steadman.
“The family is concerned that had permits been pulled, we wouldn’t be here,” Mazow said. “The permitting process is there for a reason. It requires inspections, and had this thing been inspected it wouldn’t have happened.”
Mazow added, “They intend to get some legislation in place that if contractors fail permitting requirements and somebody is injured or dies, there should be criminal penalties.”
The complaint seeks a jury trial and unspecified monetary damages.
Editor Leigh Blander is an experienced TV, radio and print journalist.
