Named as defendants were the house landlords Joseph Caldwell and Kathy Caldwell, both of Troy, and the Ohio Department of Jobs and Family Services of Westerville.
The Bishop sisters died Feb. 27 and Jones died March 1 after being found unresponsive in the home. The coroner attributed the deaths to carbon monoxide poisoning. Ward, the brother of Jones, was treated at Dayton Children’s Hospital and later released.
The suit filed in Miami County Common Pleas Court states Leon Bishop rented the house at 114 S. Elm St., Troy, from Kathy Caldwell on Feb. 23, 2013. The sole heating unit in the home was a natural gas heater manufactured in 1949 and was “never serviced … during the entire term of the lease with Leon Bishop Jr.,” the lawsuit alleges.
The lawsuit accuses the Caldwells of negligence in the use, maintenance, care and repair of the heater. They did not respond to a phone message left at their home late Friday afternoon.
The alleged negligence resulted in injuries to the children, medical expenses, pain and suffering, mental anguish and other losses, the lawsuit claims.
Damages in excess of $125,000 are sought for the next of kin of the girls plus interest and costs.
A jury trial is requested.
A county grand jury heard evidence collected in the deaths in April and declined toreturn any criminal indictments.
The Department of Jobs and Family Services is named in the lawsuit because it paid medical expenses on behalf of Jakia Jones and Jahari Ward and has a vested interest in the legal action.
The lawsuit claims the heater was defective as follows: soot in the connections of the flue pipe; soot built up on the inside of flue pipe; flue pipe from the furnace and inlet of chimney 100 percent restricted with half of a brick and masonry deterioration; and a restricted cast iron burner.