Lawsuits in fatal fire combined, Gold dismissed as defendant

PARKERSBURG - A judge granted a motion to consolidate two lawsuits arising from the same fatal 2023 fire and dismissed an individual defendant.

Wood County Circuit Court Judge Jason Wharton heard a number of motions Monday regarding a civil case resulting from a 2023 fatal fire that claimed the life of 27-year-old Ashley Michele Kimble of Parkersburg. He ruled that defendant Ari Gold would be individually dismissed from the case. The City of Parkersburg was dismissed earlier this summer from both cases.

Both lawsuits were filed in December. One is a wrongful death suit filed by Kimble’s mother, Pamela, on behalf of her daughter’s estate. The other is a property damage claim by the apartment’s resident, Heather Koffel. Attorney Bill Merriman is representing Kimble’s estate and Koffel, while attorney Colton Parsons is representing Emanuel’s LLC and Gold. Another defendant, Greenmont Capital Associates LLC, was not represented at the hearing.

Kimble was declared dead at the scene after her body was found in the third floor apartment where the fire started, according to the West Virginia State Fire Marshal’s Office. Investigators ruled the cause of the fire undetermined, but likely accidental.

Parsons filed a motion on Emanuel’s behalf seeking to consolidate the two cases, noting they both arise from the same underlying incident. Merriman opposed this on behalf of the plaintiffs, saying the causes of action are completely different.

"These cases can be tried at the same time," Parsons said. "I have done it before. It would be unfortunate that one plaintiff might have to sit longer through a week-long trial when it could be a two-day trial, but it would be better than everyone being called back a second week to try the case.

"The burden on the witnesses and the judicial resources is a factor too and strongly favors consolidation. It is the exact same attorneys in each case, the exact same parties, potentially the same experts, and the only thing that is different is, at the end of the day, how the jury would fill out the verdict form on damages."

Merriman said the only reason to consolidate would be the issue of liability and he would want to have a separate jury consider damages.

"We are talking about a young lady who lost her life," he said. "She has family members who are grieving the loss. That has no bearing in a claim that Miss Koffel has for the cost of her couch or any of her property damage."

Wharton asked how having one jury consider all of the evidence would hurt his client as Merriman would have to present all of the evidence twice. Merriman said the credibility of the witnesses would be weighed heavily. A negative view by a jury of one witness talking about damages could impact both cases as the jury might view them as a single case during deliberations.

Parsons responded that certain witnesses, like Koffel, would be called in both instances. Her testimony might add 30 to 60 minutes to the trial.

"It is literally going to be the exact same witnesses, the exact same experts, and it is going to be the exact same counsel," he said. "It really doesn't make any sense to have two separate trials."

Wharton granted the motion to consolidate the cases for both discovery and trial.

A motion for Gold to be dismissed from the case was made on the basis that he wasn't properly served with the lawsuit and that although he is a part of the Emanuel's LLC, he is considered separate from the corporate entity.

Parsons said Emanuel's LLC was served within 120 days of the lawsuit’s filing, but Gold was not.

"A member or manager is not personally liable for a debt, obligation or liability of the company solely by being or acting as a manager of member," Parsons said, quoting case law. "There is no standalone pleading in the complaint naming Mr. Gold or what his conduct would be beyond him being apart of this LLC. The complaint does not allege that he participated in any events giving rise to the fire."

Merriman said an e-file receipt was done at 11:28 a.m. April 1 with a property manager at one of Gold's businesses who said he was authorized to accept the paperwork on Gold's behalf.

Deborah Hendershot, who owns a bonding company, was hired to served the documents to Gold. She said she went to a business in Parkersburg owned by Gold and talked to a couple of people there. One asked what she wanted with Gold and she said she had papers to give to him. The person told her Gold was not there and that she could give him the papers.

"I served him the papers," she said.

Parsons said there was nothing written showing the individual was an authorized agent for Gold and their argument was that Gold was not properly served.

Wharton ruled the testimony was all hearsay and there was still nothing stating the person was an authorized agent of Gold's.

"The court does not believe this was appropriate service to deliver to an individual at the business," he said.

Merriman said the cases will continue.

"We will further investigate Gold's responsibility to determine his responsibility under his business entity," Merriman said. "The case was dismissed without prejudice so it may be filed again."

Parsons declined to comment on pending litigation.

The court was also scheduled to address a motion from Emanuel’s to compel the state medical examiner’s office to release Kimble’s autopsy reports. Parsons said they had received those reports recently and he was withdrawing the motion.

Brett Dunlap can be reached a bdunlap@newsandsentinel.com.