Struve v. Payvandi

I. Background Facts and Proceedings

Stacey Struve executed a residential lease with Woodland Management on Oc tober 17, 2002, for a second floor apartment in a two-story, four-plex building. The .lease stated the landlord would maintain all heating appliances in good and safe working order. Struve spent her first night in .the apartment on October 19, 2002. The next morning, she awoke with a headache. Her foster mother came to her apartment and smelled gas. She told Struve to call MidAmerican Energy.

A serviceman with MidAmérican Energy detected a level of 1000 parts per million of carbon…