Georgia Jury Awards $125M in Heat-Related Apartment Death
A plaintiffs attorney said there had been multiple complaints about squalid conditions and broken air conditioning at The Ralston, a once-swanky Columbus hotel that now serves as subsidized housing for the poor and disabled.
July 10, 2019 at 04:20 PM
6 minute read
The original version of this story was published on Daily Report
A Columbus jury awarded $125 million to the daughter and executrix of a man who died in what was described as an unbearably hot apartment in a building for low-income and disabled residents, many of whom testified of squalid conditions, nonfunctional heating and air conditioning and management that evicted anyone who complained.
The verdict award included $50 million in punitive damages against the owners and management of The Ralston, a 269-unit building in what was once one of Columbus' toniest hotels. It sits across a downtown street from the iconic First Baptist Church.
The award also included $25 million in fees for the plaintiffs' legal team: Charlie Gower, Miranda Brash and Shaun O'Hara of Columbus' Charles A. Gower P.C.
“They were complaining that the air-conditioning wasn't working,” said Gower. “A fellow got so frustrated he took a petition to the mayor trying to do something about it, and they tried to kick him out.”
The plaintiff's filings asserted that the temperature in Charles Hart's unit was 98 when the 62-year-old disabled steel worker suffocated on July 6, 2017.
Gower said the defendants offered $50,000 to settle the case last year, raising the ante to $1.5 million two weeks before trial and $5 million as the jury deliberated.
The defense rejected an offer to settle for $10 million earlier this year, he said.
The Ralston, its owners and managers are represented by James Budd and Jessica Hubbert of Atlanta's Mabry & McClelland, who did not respond to requests for comment.
According to Gower, Hart moved into The Ralston in 2012, disabled by back injuries and suffering from chronic obstructive pulmonary disease, among other ailments.
He was among several Ralston residents who had signed a petition demanding that the air conditioning be repaired, two months before he was found dead.
The complaint Hart's daughter, Christina Thornton, filed in Muscogee County State Court later that year said that, on the day of his death, the coroner reported that Hart's body was hot to the touch.
Three weeks before Hart's death another resident suffered a heat stroke when his room temperature reached 96, it said.
The complaint included claims for negligence and violations of the Georgia Fair Business Practices Act. Gower said Chief Judge Andy Prather subsequently threw out the latter count.
The suit named The Ralston and its corporate LLC in New Jersey; management company PF Holdings; and a New York nonprofit, Schoolhouse Road Estates Inc., as defendants.
According to Gower and the complaint, in 2014 Columbus issued $10.5 million in revenue bonds to the nonprofit so it could buy The Ralston.
“”They paid a little more than $7 million for it, and they had a 30-year contract with HUD to provide Section 8 housing,” Gower said. “Over a period of four years, they diverted more than $5 million in bond money and rent to the nonprofit in New York, which gave money to a school and church headquartered in the same office they were.”
“They operated on a shoestring, and the situation was horrible,” he said. “There was no furniture in the lobby; they boarded up one of the elevators, and the other two don't work.”
The defense portion of the pretrial order said Hart was in very poor health and suffered from multiple health issues, and that “his death was not caused by excessive heat in his apartment.”
The air conditioning was functioning on the day he died, it said.
“Mr. Hart turned off his air conditioning because he was cold because of his poor health,” it said. The defense said he died of natural causes.
Gower said that at a mediation before David Tisinger of Carrollton's Tisinger Vance a few months after the suit was filed, the defense would go no higher than $50,000.
During a six-day trial, key plaintiffs witnesses included Ralston tenants and Deputy Coroner Freeman Worley, who testified that he had never touched a body so hot and that the air conditioner was not working.
“He said that, after allowing it to run for an hour, the temperature never got below 98 degrees,” said a trial account Gower provided. “The coroner testified that the only place cool in the building was the manager's office.”
The defense medical expert, Atlanta pulmonologist Thomas DeMarini, testified that Hart did not die from the heat but may have succumbed to a drug overdose from his pain medication, an undiagnosed cancer, choking due to pneumonia or other natural causes, it said.
On July 1, the jury first awarded $35 million for Hart's life and $15 million for his pain and suffering; $25 million in fees and $50 million in punitive damages.
The verdict included a separate finding that the defendants acted “with specific intent to cause harm,” a necessary finding for punitive damages in excess of Georgia's statutory cap of $250,000.
Gower said he did not speak to jurors afterward, but that the foreman told a Columbus TV station that “they were mad because [the defendants] had sent all the money to New York instead of fixing up The Ralston.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLitigators of the Week: A Groundbreaking Defense Win in the Algorithmic Pricing Antitrust Suit Against Vegas Hotels
Notes From an Insurer Win in a Rare Trial Over COVID-19 Business Interruption Coverage Claims
Litigation Leaders: Pryor Cashman Co-Chairs Say Being a Litigator 'Is and Should Be a Passion'
For Trump Org CFO, a Hostile Manhattan Jury Pool Was a Key Driver in Hammering Out a Plea Deal
Trending Stories
- 1Litigation Leaders: Greenspoon Marder’s Beth-Ann Krimsky on What Makes Her Team ‘Prepared, Compassionate and Wicked Smart’
- 2A Look Back at High-Profile Hires in Big Law From Federal Government
- 3Grabbing Market Share From Rivals, Law Firms Ramped Up Group Lateral Hires
- 4Navigating Twitter's 'Rocky Deal Process' Helped Drive Simpson Thacher's Tech and Telecom Practice
- 5Public Notices/Calendars
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250