Marietta Jury Holds AEP Responsible in a Fire Death: What the Verdict Shows About Wrongful Death, Survival and Shared Fault

Published May 10, 2022 · Trials in the News

When you call the power company about a line that a storm has brought down onto your house, you trust that help is coming. According to testimony reported by the Marietta Times, Elsa Thompson, a longtime Marietta resident, made that call on May 25, 2019. That night her home caught fire, and she died.

On April 15, 2022, after a two-week trial, a Washington County jury found that AEP was responsible for her death and awarded her estate $6 million. The jury also found that Ms. Thompson bore 10 percent of the fault, which reduced the award. This verdict is a useful lesson for any family trying to understand how an Ohio jury values a life, and how the law treats a claim when the defense blames the person who died.

What was reported

According to the Marietta Times and WTAP:

• A wind storm on May 25, 2019 blew a tree branch onto the service lines running to Ms. Thompson's home.
• She called AEP shortly before 2 p.m. and was told a worker would come around 6 p.m.
• A worker arrived about 12 hours after her call, roughly two hours after a fire started in the home.
• The jury found that AEP breached the standard of care in maintaining and inspecting the service line and that this caused her injuries and death.
• AEP's attorneys argued that the cause of the fire was never specifically determined. There was testimony that the home had no smoke detectors.
• The jury found AEP 90 percent at fault and Ms. Thompson 10 percent at fault.
• The jury awarded $4 million for the wrongful death and $2 million for the conscious pain and suffering she experienced before her death. WTAP reported that the total was reduced to $5.4 million after the 10 percent reduction.

Family members spoke after the verdict. Her grandchild told WTAP it was "our first step towards healing."

Two claims in one verdict

The verdict had two parts, and they reflect the two kinds of claims Ohio law allows after a death.

The wrongful death claim compensates the family for what they lost. Under R.C. 2125.02, it is brought by the personal representative for the benefit of the surviving spouse, children, parents, and other next of kin. Division (B) lists the damages a jury may award, including loss of support, loss of services, loss of society (companionship, care, guidance, and similar losses), loss of prospective inheritance, and the mental anguish of the survivors. The Marietta Times reported that the $4 million award covered the family's mental anguish and loss of companionship.

The survival claim compensates for what the person who died suffered before death. Under R.C. 2305.21, a claim for injuries to the person survives the death and is brought by the estate. The $2 million award for conscious pain and suffering was this kind of claim.

Families are sometimes surprised to learn that the two claims are separate, with separate damages. Our guide explains the difference between wrongful death and survival claims, and our chapter on damages covers what each can include.

When the defense blames the person who died

It is common for a defendant to argue that the person who died contributed to what happened. Here, the evidence that the home had no smoke detectors became part of that argument, and the jury assigned Ms. Thompson 10 percent of the fault.

Ohio follows a rule called comparative fault. Under R.C. 2315.33, a plaintiff's own share of fault does not bar recovery as long as it is not greater than the combined fault of the others responsible. Instead, the damages are reduced by that percentage. That is what happened here: a 10 percent finding reduced the award by 10 percent, and the family still recovered the remaining 90 percent.

For families, the lesson is not to give up because your loved one made a mistake. A lapse in judgment or a missed step does not automatically end a claim. A jury looks at everyone's conduct, and often the larger share of responsibility lies with the company or person who failed to act.

What the verdict says about value

Juries in wrongful death cases are asked to put a value on losses that have no price: a mother's or grandmother's presence at the dinner table, her advice, the comfort of knowing she is there. Article I, Section 19a of the Ohio Constitution provides that the amount of damages recoverable for a wrongful death "shall not be limited by law," and verdicts like this one show that ordinary citizens take them seriously. Our page on wrongful death compensation explains how these damages are proven.

A verdict is also not always the final word. Post-trial motions and appeals can follow, and most cases resolve before trial. Our chapter on how cases are resolved explains the path from investigation to verdict or settlement.