Briggs v. Pacificorp

120 Wash. App. 319
Court of Appeals of Washington·Decided October 30, 2003·No. No. 21746-9-III·Published·Cited by 11 cases

Opinion

Kurtz, J.

— While he was working on a commercial advertising sign, Larry D. Briggs received an electrical shock when his boom cable swung out and touched an uninsulated electrical distribution line owned by Pacificorp. Mr. Briggs was injured, and he sued Pacificorp under the theories of strict liability and negligence. Pacificorp successfully moved for summary judgment, and the case was dismissed. Mr. Briggs appeals. We affirm the judgment of the trial court that reasonable minds could not differ that Pacificorp did not breach any duty owed to Mr. Briggs.

PACTS

Larry Briggs, a licensed electrician, owned and worked in a business that installed and repaired outdoor advertising signs. He had been involved in this business for over 10 years.

Mr. Briggs was hired by Godfrey’s espresso stand in Yakima to replace light bulbs in the sign Mr. Briggs had installed several years before. Mr. Briggs had replaced the bulbs in the sign on at least two prior occasions.

The espresso stand sign is located adjacent to electrical distribution lines which are owned, maintained, and oper[321] ated by Pacificorp. These power lines carry a voltage of 7,200 volts wire to ground and 12,470 volts wire to wire. These lines are not insulated, and no warning signs are posted in the area relating to the dangers associated with high voltage electrical lines. The lines are located approximately 15 to 20 feet diagonally north of the Godfrey’s sign.

On May 23,1999, Mr. Briggs went to Godfrey’s to replace the bulbs. He parked his ladder truck adjacent to the sign. Next, he raised the ladder so that he could perform maintenance on the sign. The raised boom-ladder was approximately 10 to 11 feet from the closest power line.

Mr. Briggs testified in his deposition that he usually followed a general procedure in replacing bulbs. First, he would remove the retainers at the end of the sign and remove the plastic facing from the sign. Next, he would secure the facing with a clamp that is attached to the boom-ladder by cable and then lower the facing to the ground. After the facing was on the ground, he would replace the bulbs, then raise the facing using the cable and clamp, replace the facing, and reinstall the end clamps. The final step was to lower the boom-ladder down to the truck.

On this day, however, Mr. Briggs raised the boom-ladder, removed the end retainers and the plastic facing from the sign. When he reached down for the clamp at the end of the boom cable, the cable swung out toward the street and touched a 7,200-volt power line. Mr. Briggs received a shock and slumped against the side of the work basket. He has no memory of the events that took place after he was shocked, until several days later.

As a result of receiving the electrical shock, Mr. Briggs was injured. He sued Pacificorp, alleging that it was strictly liable for his injuries due to the inherently dangerous nature of the electrical power lines. Mr. Briggs also alleged, in the alternative, that his injuries were the proximate result of Pacificorp’s “negligence with regard to the design, installation, maintenance and/or inspection of said transmission line,” as well as Pacificorp’s failure to provide adequate warnings. Clerk’s Papers (CP) at 127.

[322] Pacificorp moved for summary judgment. The court granted the motion and dismissed the case. Mr. Briggs appeals.

ANALYSIS

Mr. Briggs contends that the trial court erred by granting Pacificorp’s summary judgment motion. We review summary judgment decisions de novo. Int’l Bhd. of Elec. Workers, Local Union No. 46 v. Trig Elec. Constr. Co., 142 Wn.2d 431, 434-35, 13 P.3d 622 (2000), cert. denied, 532 U.S. 1002 (2001). In doing so, we view the facts in the light most favorable to the nonmoving party. Folsom v. Burger King, 135 Wn.2d 658, 663, 958 P.2d 301 (1998). Summary judgment is proper where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. CR 56(c).

Mr. Briggs alleged that his injuries were the proximate result of Pacificorp’s negligence related to the design, installation, maintenance and/or inspection of its transmission line, as well as Pacificorp’s failure to provide adequate warnings. “In order to prove actionable negligence, a plaintiff must establish the existence of a duty, a breach thereof, a resulting injury, and proximate causation between the breach and the resulting injury.” Schooley v. Pinch’s Deli Mkt., Inc., 134 Wn.2d 468, 474, 951 P.2d 749 (1998).

On appeal, Mr. Briggs contends that whether Pacificorp breached its duty to him was a question of fact and not properly decided on summary judgment. The existence of a duty is a question of law, while breach and proximate cause are generally questions of fact for the jury. Hertog v. City of Seattle, 138 Wn.2d 265, 275, 979 P.2d 400 (1999). Once it is determined that a legal duty exists, it is generally the jury’s function to decide the foreseeable range of danger, thus limiting the scope of that duty. Bernethy v. Walt Failor’s, Inc., 97 Wn.2d 929, 933, 653 P.2d 280 (1982). In other words, given the existence of a duty, the scope of that duty under the particular circumstances of the case is [323] for the jury. Id. However, breach and proximate cause may be determined as a matter of law where reasonable minds could not differ about them. Hertog, 138 Wn.2d at 275.

In this case, Mr. Briggs contends that Pacificorp breached its duty to him by failing to insulate, bury, or relocate the distribution lines. Pacificorp, on the other hand, responds that Mr. Briggs failed to offer any evidence that its duty included insulating, burying, or relocating the wires, and instead argues that it fulfilled its duty by locating the power lines at a height and location where the lines could not be reached through ordinary means.

An electrical supplier’s duty of care varies according to the danger posed by the utility’s activity. Keegan v. Grant County Pub. Util. Dist. No. 2, 34 Wn. App. 274, 279, 661 P.2d 146 (1983). “When the utility’s operation exposes the public to serious accidents or death, the utility is held to the highest degree of care human prudence is equal to.” Id. In this case, Pacificorp acknowledges that it “is held to a very high degree of care with regard to its transmission of electricity.” Resp’t’s Br. at 4.

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Briggs v. Pacificorp, 120 Wash. App. 319 (Wash. Ct. App. 2003).

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