Jury Reaches $15.3M Verdict Over Hazleton Clerk’s Murder

The jury found Pace-O-Matic and Miele Manufacturing negligent in the death of Ashokkumar Patel.

A Philadelphia jury has reached a $15.3 million verdict against two skill game manufacturers that were found negligent in the death of a clerk who was brutally murdered by a gambler during a robbery of a Hazleton convenience store nearly five years ago.

In reaching its verdict Monday afternoon, the jury found Pace-O-Matic and Miele Manufacturing negligent in the death of Ashokkumar Patel, 50, who was fatally shot while mopping the floor at Craig’s Food Mart in Hazleton on Dec. 12, 2020.

“Pace-O-Matic created a staggering enterprise in Pennsylvania, and was entirely focused on increasing its bottom line rather than protecting vulnerable, low-wage workers who had to make large payouts without any security measures to protect them from foreseeable risks,” plaintiffs’ attorney Robert W. Zimmerman said after the verdict. “On behalf of the Patel family, we hope Pace-O-Matic listens to the jury’s clear verdict that placing profits over safety can and does lead to dangerous consequences.”

In a statement issued via a spokeswoman on Tuesday, Pace-O-Matic leaders said Patel’s death “is tragic and a terrible loss for his family” but maintained the company was “not connected in any way with the actions involved in the crime.”

“Among the numerous irregularities in this lawsuit was the fact that it was allowed to be brought in Philadelphia, despite the absence of any connection to the horrible murder of Mr. Patel,” the statement said. “The decisions rendered in this case set a dangerous precedent by establishing responsibility and liability for criminal activity with businesses that offer any product, service, or software license at a location where a crime has occurred — even when there is no connection to the crime.  It is an inexplicable outcome without any legal or factual precedent.  We are planning to appeal the decision and anticipate a favorable outcome.”

According to prosecutors, Patel was murdered by a gambler, 45-year-old Jafet De Jesus Rodriguez, who had lost thousands of dollars at the store’s video gaming machines. Rodriguez returned to rob the store of a bank bag containing $14,000, shooting Patel’s tongue out and leaving the clerk to desperately crawl to a phone while seeking help with his dying breath.

Rodriguez is now serving life without parole on murder and robbery charges at State Correctional Institution at Smithfield.

In the lawsuit, attorneys with the Philadelphia law firm Saltz Mongeluzzi Bendesky argued that Pace-O-Matic ignored safety guidelines established for facilities such as casinos and truck stop gambling machines, and instead required clerks such as Patel to handle large cash payouts to customers.

The plaintiffs contended that Pace-O-Matic “ignored known safety rules for its betting locations, only placing rules on locations that enhanced its profits from the gaming machines,” according to a statement issued by a spokesman.

In a phone interview Tuesday, Zimmerman, who tried the case along with attorney John Lang, said the only rules Pace-O-Matic was interested in were those designed “to increase POM’s bottom line.”

“They found a loophole where they can fall outside of the regulations on the casino industry and the VGT (video game terminal) truck stops,” Zimmerman said. “But to me it gets worse. They actively studied those safety measures that their competitors have, and they ignored all of them.”

During the trial, jurors heard about dozens of rules aimed at increasing safety for video gaming machines, such as a Pennsylvania Gaming Control Board requirement that VGT truck stops use automated payout machines.

“These payout machines were not a money-maker for POM or Miele,” Zimmerman said. “They were more interested in making and selling as many of their gaming machines as they could.”

A lack of secure money management policies related to Pace-O-Matic’s machines resulted in store clerks being required to handle large sums of cash, he said.

At Craig’s Food Mart, that meant Patel was responsible for handling the bank bag under the counter, he said. And as a frequent gambler, Rodriguez knew he could expect to find thousands of dollars in that bag, he said.

“He knew exactly where to go,” Zimmerman said, noting that the store’s cash register was untouched during the robbery. “He could have gone for the money till. He was not interested in that at all. He was there for one thing.”

The verdict follows a partial settlement Patel’s estate reached with several other defendants in the case in August. Those parties — Sunoco; Palisades Fuel, Inc.; G&G Oil Company; Kevin Smith Amusements, Inc.; Banilla Games, Inc.; and Primero Games, Inc. — settled the claims against them for a total of $3.85 million, according to court documents.

Pace-O-Matic and Miele refused to participate in mediation and chose not to settle the claims against them, according to court records.

Zimmerman said Patel’s family is hopeful that the verdict will send a message to Pace-O-Matic and Miele that they need to correct their unsafe business practices.

“I hope POM hears this. Twelve jurors listened to the evidence and realized fairly quickly that this is a problem that needs to be addressed,” Zimmerman said. “The family is very interested in trying to make sure that some type of safety and security measures are in place. They’re hoping that because of this tragedy, someone else’s life may be saved.”