1/30/2008 - John Dodson Wins Summary Judgment in Wrongful Death Case
The deceased was killed when he came into contact with a high-voltage power line while standing on the roof of his friend's house. The estate of the deceased brought a negligence and wantonness action against the utility company maintaining the lines, and against FFD’s client, the owner of the pole to which the power lines were attached.
John Dodson represented the pole owner and, following discovery, moved for summary judgment. Mr. Dodson argued because the pole owner neither maintained nor energized the line, it therefore owed no duty to the decedent. Plaintiff’s counsel countered with the argument that all defendants owed a “high and exacting” duty to the decedent because they were in the business of providing electrical services to the public and because, in the process of maintaining the pole at issue, they either knew, or should have known, of the dangerous condition.
The trial court agreed with Mr. Dodson and granted the pole owner’s motion for summary judgment. After briefing by the parties, the Supreme Court of Alabama also agreed with Mr. Dodson and found no legal duty to the deceased. The Court examined whether mere knowledge of a dangerous condition could provide a basis for liability and concluded this was insufficient as a matter of law to establish a duty. Accordingly, summary judgment was affirmed. Congratulations to Mr. Dodson and his client for this great result.
