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Parents Blame Homebuilder, Landlord For Sons' Deaths

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By TODD LESKANIC | The Tampa Tribune

Published: January 7, 2009

NEW PORT RICHEY - The parents of two boys who died of carbon monoxide poisoning in 2007 are suing a homebuilder and their then-landlord.

Barbara and Kirby Baudin contend that Lexington Homes and Philip L. Perry III are responsible for the deaths of Jules Baudin, 14, and his brother, Parker, 12.

Barbara Baudin awoke on the morning of July 9, 2007, to find the children unconscious in their beds. Autopsies showed they died of carbon monoxide poisoning.

Investigators found the family's van parked inside an enclosed garage with the ignition in the "on" position. The vehicle was out of gas.

Barbara Baudin had parked the van in the garage two days before but left it running when she went inside, investigators said. Her husband was out of town on business and the couple's third son, Logan, had slept at a friend's house.

Police determined the boys' deaths were accidental.

In their lawsuit filed Dec. 22 in Pasco Circuit Court, the Baudins contend that Lexington Homes was negligent because its construction allowed air to be pumped from the garage into the house through the air conditioner. The garage also lacked adequate ventilation, the suit states.

Perry should have known about the dangerous condition, according to the complaint.

Perry couldn't be reached for comment today.

Louis Lacava, attorney for Lexington Homes, said, "Clearly, it's our position that Lexington and no one associated with it did anything wrong in this case. It just appears that someone left their car running in their garage, which is not the thing to do."

Reporter Todd Leskanic can be reached at (727) 815-1084 or tleskanic@tampatrib.com.

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