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A Muncie resident is suing her local housing authority after she said her two children and their father died from carbon monoxide poisoning after the organization failed to make sure carbon monoxide detectors were installed in their home.
The lawsuit was filed in Delaware Circuit Court on June 3 by plaintiff Sheyanne Van Matre on behalf of herself and her two minor children, who were 1 and 3 years old when they died in May 2023.
The lawsuit names the Muncie Housing Authority as the defendant.
“The absence of detectors and a disconnected furnace exhaust led to this terrible tragedy for Sheyanne’s family,” attorney Chris Stevenson, who is representing Van Matre in the case, told The Indiana Lawyer. “I’m proud to represent Sheyanne and to help raise awareness on the dangers of carbon monoxide.”
Attorney Scott Shockley, who is representing the Muncie Housing Authority in the lawsuit, told The Lawyer that the organization cannot comment on pending litigation.
At the time the incident occurred, Van Matre was renting a home with her children through a Housing Choice Voucher issued by the Muncie Housing Authority.
The Housing Choice Voucher Program is administered locally through the United States Department of Housing and Urban Development. As part of its administration of the program, the Muncie Housing Authority is responsible for inspecting voucher program homes to ensure the properties meet applicable Housing Quality Standards, such as being free from dangerous levels of carbon monoxide.
A 2020 amendment to federal legislation for HUD-assisted housing programs required the installation of carbon monoxide alarms or detectors in federally assisted housing by December 2022. The Muncie Housing Authority, therefore, was required to install detectors in the homes they administered.
But according to the lawsuit, that information was lost in translation between the organization’s chief financial officer and its chief executive officer, who are named in the lawsuit but are not named as defendants. Neither of them currently works with Muncie Housing Authority.
The Indiana Lawyer reached out to the former CEO and CFO for comment but did not immediately hear back.
In January 2022, HUD advised public housing authorities of the carbon monoxide detector installation requirement and the December 2022 deadline, but neither Muncie Housing Authority’s CFO nor its voucher program manager read or acted upon the requirement, according to the lawsuit.
As a result, the housing authority’s inspector was not aware of the requirements, the lawsuit states.
In January, February and November 2022, Muncie Housing Authority conducted inspections of its homes as part of Housing Choice Voucher Program requirements. The housing authority did not, however, provide its inspector with any equipment that could detect the presence of carbon monoxide, the lawsuit alleges.
During inspections of Van Matre’s home in 2022, the inspector did not notice that the home’s gas combustion furnace had a defective exhaust system, the lawsuit says. According to the suit, the PVC exhaust joint in the furnace had separated, allowing exhaust gases to accumulate inside the home instead of being vented outside.
No carbon monoxide detector or alarm existed in Van Matre’s home during any of the housing authority’s inspections, according to the lawsuit. Despite this, the home was passed as habitable and in compliance with Housing Quality Standards.
On May 28, 2023, high levels of carbon monoxide accumulated in Van Matre’s home, resulting in the deaths of her two children and the father of her children, the lawsuit states.
Van Matre herself was severely injured by carbon monoxide poisoning and suffered from neurological and physical injuries in addition to emotional distress, according to the complaint.
She is suing the housing authority for negligence, alleging the organization breached its duty of reasonable care by failing to establish procedures for reviewing HUD notices and failing to properly train and equip its inspectors to sufficiently inspect homes.
Van Matre asks for judgment against the housing authority in an amount that fairly compensates her for her injuries and damages.
The case is Sheyanne Van Matre, Individually and as Parent v. Muncie Housing Authority, 18C04-2606-CT-000059.
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