Jurors find for plaintiffs in Thompson trial
Estate awarded $6 million in compensatory damages
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At a glance:
By the numbers:
¯ $2 million for the mental anguish already experienced by Elsa Thompson's next of kin.
¯ $1 million for the mental anguish to be experienced by the next of kin in the future.
¯ $75,000 for the loss of companionship, consortium, care, assistance, attention, love, protection, advice, guidance, counsel, instruction, training and education since Thompson's death.
¯ $250,000 for the loss of companionship, consortium, care, assistance, attention, love, protection, advice, guidance, counsel, instruction, training and education in the future.
¯ $2 million was awarded to compensate the estate with respect to the conscious pain and suffering Thompson sustained prior to her death.
Source: Washington County Court of Common Pleas
After a two-week trial, a jury found AEP liable in a wrongful death lawsuit filed on behalf of the estate of longtime Marietta resident Elsa Thompson and awarded $6 million in compensatory damages.
During the two-week trial, testimony was heard that a wind storm on May 25, 2019, blew a tree branch onto service lines into Thompson's home. An initial call was made to AEP to let them know of the service drop shortly before 2 p.m. and she was told a service worker would arrive around 6 p.m. to fix it. Testimony was also heard that the service worker didn't arrive for 12 hours, some two hours after the fire started in the home.
Attorneys for AEP argued that the cause of the fire was never specifically determined.
The jury was asked to answer seven questions during their deliberations, which lasted about five-and-a-half hours over two days.
According to the final verdict filed Friday morning, the jury found AEP breached or violated the applicable standard of care in its maintenance and inspection of the service drop to Thompson's Warren Street home on May 25, 2019. The jury also found AEP's breach was a cause of Thompson's injuries and death.
The third question regarded full and fair compensation to Thompson's next of kin. The jury awarded:
¯ $2 million for the mental anguish already experienced by her next of kin.
¯ $1 million for the mental anguish to be experienced by the next of kin in the future.
¯ $75,000 for the loss of companionship, consortium, care, assistance, attention, love, protection, advice, guidance, counsel, instruction, training and education since Thompson's death and another $250,000 for the future losses.
Compensatory damages totaled $4 million. Another $2 million was awarded to "fully compensate the Estate of Elsa E. Thompson with respect to the conscious pain and suffering she sustained prior to her death."
Jurors were asked to determine the percentages of negligence attributable to both Thompson and AEP, with AEP found to be 90% negligent. They also agreed that Thompson's implied assumption of 10% risk or negligence was a proximate cause of her injuries and death. It was mentioned multiple times during the trial that Thompson did not have smoke detectors in her home.
Michele Newbanks can be reached at
mnewbanks@mariettatimes.com.