ARTICLE ID 29055
$________ INCLUDING $________ PUNITIVE AWARD - PERSONAL INJURY - UTILITY NEGLIGENCE - PLAINTIFF INJURED BY UNINSULATED GUY WIRE WHICH BECAME ELECTRIFIED - SIGNIFICANT ELECTRICAL BURNS OVER MOST OF BODY.
Bullock
The male plaintiff in this action contended that as he was
attempting to remove a guy wire which had become hooked on the
bumper of his car while it was parked at the defendants
restaurant, an uninsulated guy wire came in contact with an
electrified stinger wire, causing the plaintiff to sustain severe
burns due to electric shock. The plaintiff maintained that the
defendant utility was aware of a dangerous condition posed by the
configuration of this guy wire and that such a condition had
caused injury and death to others prior to this incident. The
plaintiff named the Alabama Power Company, Outback Steakhouse and
Hadmanco, the building owner, as defendants. The plaintiff
settled with Outback Steakhouse and Hadmanco prior to trial for a
confidential sum.
The plaintiff, a 48-year-old hunting and fishing guide, testified
that he parked his car in a parking space without a cement curb
stop in the parking lot of the Outback Steakhouse and then
entered the restaurant. After the plaintiff left the restaurant
and attempted to leave in his car, he realized that the guy wire
cable supporting a nearby utility pole had become hooked
underneath the front bumper of his car, preventing him from
moving the vehicle. The guy wire did not have any yellow safety
markings on it and it was not visible to the plaintiff when he
first parked in the parking spot. The plaintiff related that he
obtained a pair of pliers and vice grips he carries in his trunk
and attempted to dislodge the guy wire from his bumper. The
evidence revealed that the guy wire had been struck previously
and was already frayed. As the plaintiff was trying to manipulate
the guy wire in order to keep the frays from going into his tire, p 7 3
the guy wire suddenly came lose, touched the electrified stinger
wire and sent ________ volts of current down to the plaintiff for a
period of at least ten seconds by the defendants experts own
admission.
The plaintiff suffered electrical burns over both his feet,
calves, buttocks and both hands. The most severe burns, however,
were on the plaintiffs chest. The plaintiff spent 30 days in the
burn unit following the incident and underwent skin graft surgery
to his chest and left forearm. The plaintiffs medical experts
confirmed that the plaintiff sustained permanent damage to his
left arm and hand in addition to the long-term effects of the
burns over his body. According to their testimony, he has
diminished grip, no sense of touch, and no feeling in his left
hand since this incident. He incurred medical specials of
approximately $________ and is no longer able to work as a hunting
and fishing guide due to the nature and extent of his injuries.
The plaintiff is presently employed by the guide company to
shuttle people back and forth from the airport and assist in
grilling meats since he is no longer capable of performing his
prior guide duties. The plaintiff could not establish a claim for
wage loss or loss of future earnings due to the fact that the
plaintiff worked for tips and was given room and board.
As to the defendant Alabama Power Company, the plaintiff
contended that this defendant should have used a guy rod
insulator on the guy wire instead of a grounding system. The
plaintiff further alleged that Alabama Power Company was aware of
the dangers of running a guy wire over an energized line and
neglected to replace or retrofit it with a guy insulator. The guy
insulator would have instantaneously terminated the power to the
guy wire when it came in contact with an electrified wire.
The defendant Alabama Power contended that the grounding system
in place on that particular pole was acceptable and that the
plaintiff was responsible for his own injuries in attempting to
dislodge the guy wire from his vehicle. The defendant contended
that the plaintiff should not have touched the wire at all and
should have alerted the authorities. The plaintiff countered that
a reasonable person in the same situation would have attempted to
dislodge the wire without assistance.
The defendant stipulated at trial that prior to this incident, it
was aware that on limited occasions, guy wires had become
energized causing injury and death. It also admitted, with regard
to pole configurations similar to this pole, that using a guy rod
insulator is safer than the grounding method in preventing
current from flowing down the guy wire if it came in contact with
a stinger wire.
The jury returned a verdict in the amount of $________,
including $________ in compensatory damages and $________ in
punitive damages.
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