Trial Magazine

Lisa Jones, 40, lost control of her SUV and struck a utility pole, downing a power line and leaving her and her minor son trapped in her vehicle. A witness called 911, prompting the operator to contact Ohio Edison. The call was directed to a ­FirstEnergy Service Co. call center, which routed the call out of state. Due to difficulties in matching the address of the incident to a customer address, there were delays in dispatching a lineman to the scene. It took nearly an hour for Ohio Edison to arrive and clear the power line so that Jones and her son could be removed from their vehicle.

Jones was transferred to a hospital, where she underwent surgery for a lacerated spleen. She suffered cardiac arrest on the operating table, however, which resulted in brain damage. A former nurse earning approximately $90,000 annually, she now requires 24-hour care.

Jones sued FirstEnergy Corp. and Ohio Edison Co., alleging liability for the defendants’ delayed and negligent response to an emergency. The plaintiff claimed that she suffered massive internal bleeding while waiting to be rescued from her vehicle and that the delay resulted from personnel and systemic deficiencies in the defendants’ call management process, including a lack of information on the location of Ohio Edison utility poles.

The defense argued that Jones failed to control her vehicle.

The jury awarded more than $34.31 million, finding Jones 20 percent at fault. Posttrial motions are pending.

Citation: Jones v. First Energy Corp., No. 15 CV 201 (Ohio Ct. Com. Pl. Union Cnty. July 20, 2017).

Plaintiff counsel: AAJ member Brian G. Miller, Columbus, Ohio; and Barbara Luke, Marysville, Ohio.