Lawsuit filed in carbon monoxide poisoning at Wayne apartment complex

(FOX 2) - Just a week after two residents died of carbon monoxide poisioning, a Wayne apartment complex is making repairs -- repairs one attorney sars are really a cover up.

"Our concern is that evidence is literally disappearing as we speak," said attorney Steven Gursten.

Last week, firefighters were called to Hickory Hollow Apartment complex in Wayne to find Gwendolyn Fleming dead from an apparent carbon monoxide poisoning. Her husband Anthony was taken to the hospital and died a few days later from the same condition.

Now, another resident of Hickory Hollow said she's been feeling the same effects of carbon monoxide poisoning for weeks.

One dead and one hospitalized after carbon monoxide poisoning at apartment complex

"The fatigue. My head hurt so bad to touch it," said plaintiff Priscilla Jordan.

Jordan said just one day before the firefighters arrived, she had called Consumers Energy.

"She says, 'Oh, I'm going to have to shut it down,' and I said why? She said (you've) got carbon monoxide in your furnace and your venting," she said.

She contacted an attorney, who claims there are obvious signs of a problem that could affect more than 50 residents. He said the same chimneys are being repaired around the block. His theory is the cracks allow the cold air to seep in and push the dangerous gas back into the apartments.

"Nobody was looking for a very, very long time," Gursten said.

FOX 2 attempted several times to speak with management at the apartment complex with no response so far.

"They are not talking and they are not that helpful," Jordan said.

The attorney and the tenent said a lot of the units, including the two victims and Jordan, did have working carbon monoxide detectors at the time.

"It's not fool proof but the issue is it never should gotten to that either," Gursten said.

Jordan and her attorney already filed the paperwork outlined in a 16-page complaint in which they are asking a jury to award at least $25,000.