9/26/2006 - Summary Judgment Granted in Wrongful Death Electrocution Case
On October 11, 2004, the Plaintiffs' decedent and a friend were cleaning the gutters on the friend's roof when Plaintiffs' decedent came into contact with electrical power lines crossing over the residence; he was electrocuted and died. The plaintiffs, the decedent's mother and girlfriend, filed a lawsuit against Joe Wheeler Electric Membership Cooperation. Joe Wheeler owns the utility pole located in front of the house to which the power lines at issue were attached, but it does not own the power lines at issue and it does not supply electricity to the home. The plaintiffs argued that by allowing another utility company to attach its lines to a Joe Wheeler utility pole, Joe Wheeler was under a duty to inspect those power lines to ensure they met the minimum height requirement over the home. John Dodson, on behalf of Joe Wheeler, argued that no such duty exists either by law or by an agreement with the other utility company. Furthermore, imposing a duty on Joe Wheeler to inspect another power company's power lines would discourage the very pole sharing agreements which are encouraged by the National Electric Safety Code. Judge Steve Haddock of the Circuit Court in
