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Vol. 56 No. 1

Trial Magazine

Verdicts & Settlements: Premises Liability

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Failure to fix air conditioning system

January 2020

Charles Hart, 61, who suffered from chronic obstructive pulmonary disease (COPD) and hepatitis C, leased an ­apartment at the Ralston apartment building. Although his lease provided for heat, air conditioning, electricity, and water, Hart’s air conditioning failed to work as expected. He and other tenants complained repeatedly to Ralston management and were told that the system would be fixed. Despite more than 100 resident complaints in two months, management failed to fix the building’s air conditioning system.

Hart later died in his bed from COPD exacerbated by heat. The coroner who investigated his death reported that the air temperature in the apartment was more than 98 degrees Fahrenheit. Hart is survived by his daughter.

Hart’s daughter, individually and on behalf of his estate, sued the building owner, its manager, and the owner’s controlling entity for wrongful death. Suit alleged that the air conditioner blew warm air and that a maintenance person was required to activate the air conditioning system in Hart’s apartment.

The jury awarded $125 million, including $50 million in punitive damages.

Citation: Thornton v. Ralston GA LLC, No. SC17CV572 (Ga. St. Ct. Muscogee Cnty. July 1, 2019).

Plaintiff counsel: AAJ member Charles A. Gower, Miranda Brash, and Shaun O’Hara, all of Columbus, Ga.

Defense expert: Thomas Demarini, pulmonology, Decatur, Ga.