“We believe the jury was very persevering and realized that my client had life-threatening and life-changing injuries and would never be the same.”
By Rebecca Rivas, Missouri Independent
St. Louis, Missouri jury awarded $3 million to a California cannabis consultant on Thursday after a four-day trial in which he argued that a 2022 lab accident ended his career in the marijuana industry.
The incident occurred at Mark Avent Escondido, California at 5401 Bulwer Ave. in St. Louis when he was helping build a cultivation and manufacturing facility owned by Blue Arrow Missouri LLC.
Blue Arrow hired Avent in 2022 under a one-year, $100,000 contract to acquire the necessary equipment to grow and manufacture marijuana products and train workers on the machines.
During this time, a lab technician accidentally mishandled a commercial vacuum used to clean lab equipment. The vacuum threw fine marijuana dust particles into the air, causing Avent to have a severe asthma attack and heart attack.
The jury unanimously found that Blue Arrow was at fault for 85 percent of Avent’s injuries, while Avent was at fault for 15 percent.
“We are very pleased with the verdict,” said William Meehan, Avent’s attorney. “We believe the jury was very persevering and realized that my client had life-threatening and life-changing injuries and would never be the same.”
Blue Arrow’s attorneys argued that Avent was partially liable because it did not wear a mask, even though it knew it had problems with asthma.
“Mr. Avent was a very intelligent and skilled person who knew how to set up new labs,” David Simmons, Blue Arrow’s attorney, said in his closing argument Thursday. “And he also knew how to protect himself.”
During the trial, a cannabis expert said that the only mask that could have protected Avent from the fine dust particles that had been thrown into the air that day was an industrial face respirator, not a surgical mask.
Lisa Avent, Mark’s wife, said the jury may have missed the significance of differences in the types of masks needed to prevent a medical emergency.
The jury awarded Mark Avent $2.5 million in punitive damages and Lisa Avent $500,000 in punitive damages.
In closing arguments, Meehan proposed that the jury award the couple $5 million, while Simmons proposed that the amount awarded be $325,000.
“We’re not happy with 15 percent, but I could live with that,” Meehan said. “The amount is big enough, so we’re happy. And now it’s a matter of getting paid by this company.”
A separate lawsuit is underway to determine whether the company needs any of the company’s three insurance plans to cover Avent’s claim.
Blue Arrow’s lawyers declined to comment on the ruling or whether the company will appeal the decision.
In the meantime, Meehan said his clients will engage in a “multi-front collection effort” to get a claim from insurance companies and possibly break up the company’s accounts.
John Wilbers, founder and chairman of Blue Arrow, was absent from the trial as he was attending his mother’s funeral. Wilbers, a St. Louis personal injury attorney, started Blue Arrow with his mother, Kathy, who owned the majority of two cultivation, manufacturing and dispensary licenses the state granted him in 2019, according to records obtained from the Missouri Division of Cannabis Regulation.
Wilbers told The Independent Tuesday that he plans to look after Avent.
“If someone is injured, we will help them,” he said.
After the lab accident, Avent was taken to the emergency room and passed out in the ambulance. Doctors put a stent in his heart to save it, Meehan said, and he still hasn’t fully recovered four years later.
In addition to his ongoing medical bills, Meehan said Avent has lost at least $130,000 a year in income because he can no longer work in the marijuana industry.
Mark and Lisa Avent said they were tired but relieved after the four-day trial. The case was initially filed almost three years ago.
“We’re glad it’s over,” he said.
This story was first published by the Missouri Independent.
user photo National Institute of Standards and Technology.