Central Power & Light Co. v. Martinez

806 S.W.2d 892, 1991 Tex. App. LEXIS 643, 1991 WL 33035
CourtCourt of Appeals of Texas
DecidedMarch 14, 1991
DocketNo. 13-90-326-CV
StatusPublished

This text of 806 S.W.2d 892 (Central Power & Light Co. v. Martinez) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Central Power & Light Co. v. Martinez, 806 S.W.2d 892, 1991 Tex. App. LEXIS 643, 1991 WL 33035 (Tex. Ct. App. 1991).

Opinion

OPINION

NYE, Chief Justice.

Central Power and Light Company (CP & L) appeals the judgment from a bench trial finding it negligent for failing to properly maintain and inspect its light poles for possible damage and dangerous conditions. The court awarded damages to the appel-lees. CP & L asserts two points of error. We reverse and render judgment.

Christina Martinez, her son, and Bessie Aragon, Christina’s mother, were travel-ling west at an approximate speed of thirty-five miles per hour on Highway 77. Christina was driving the car. Without warning, an aluminum light pole located in the median of this divided highway fell across the road and in front of the car. Christina swerved to avoid the pole and her car hit the curb. She and Aragon sustained neck and back injuries as a result of the mishap. Christina, Richard Martinez, her husband, and Aragon filed suit against CP & L alleging negligent maintenance and inspection of the light pole.

The trial court entered the following pertinent findings of fact. On or about July 1, 1987, CP & L’s light pole fell in the path of Christina’s vehicle. In 1968, the light pole was installed on heavily-travelled Highway 77. The pole had safety features, more particularly, a break-away base to minimize human injury should a vehicle hit the pole. There had been accidents with other poles in the same area. CP & L did not have a scheduled program of pole inspection and maintenance, nor did it direct employees to inspect the poles; rather, the poles were inspected “as necessary” and “on sight.” CP & L would have checked the pole in question were something wrong noticed. CP & L expects the public to play an active role in discovering “unreasonable” pole conditions and advising police departments of those conditions. The light pole in question was sideswiped by another vehicle be[893]*893fore this accident. One witness testified the pole was damaged two or three days before it fell, while another said the damage occurred the night before. The pole had an indentation from the sideswipe and its lamp was dangling two to three feet from its mooring. The pole, with all of its problems, was “obvious to people.” Neither party presented expert testimony regarding what caused the pole’s fall; however, it was “obvious” that the pole fell from the indentation created by the previous vehicle which sideswiped the pole.

The court entered the following pertinent conclusions of law. CP & L was negligent in failing to properly maintain and inspect its light poles for possible damage and dangerous conditions. CP & L’s negligence proximately caused appellees’ injuries. The appellees did not contribute to the damage of the light pole and were not negligent in failing to avoid the resulting damages.

By its first point, CP & L asserts that the evidence is legally and factually insufficient to support findings of fact and conclusions of law that it was negligent in maintaining and inspecting the light pole and that such negligence proximately caused appellees’ injuries.

In considering a “no evidence”, “insufficient evidence”, or an “against the great weight and preponderance of the evidence” point of error, we will follow the well-established tests set forth in Pool v. Ford Motor, Co., 715 S.W.2d 629 (Tex.1986); Dyson v. Olin Corp., 692 S.W.2d 456 (Tex.1985); Glover v. Texas Gen. Indem. Co., 619 S.W.2d 400 (Tex.1981); Garza v. Alviar, 395 S.W.2d 821 (Tex.1965); Allied Fin. Co. v. Garza, 626 S.W.2d 120 (Tex.App.—Corpus Christi 1981, writ ref’d n.r.e.); and Calvert, No Evidence and Insufficient Evidence Points of Error, 38 Tex.L.Rev. 361 (1960). The trial court’s findings of fact and conclusions of law should be reviewed in the same manner as jury findings upon special issues and will not be disturbed on appeal unless the evidence is factually insufficient to sustain a specific finding or the findings are so contrary to the overwhelming weight of the evidence that it is manifestly wrong. Ybarra v. Newton, 714 S.W.2d 353, 355 (Tex.App.—Corpus Christi 1986, no writ). The controlling question is whether CP & L had actual or constructive notice of the defective or damaged pole or, to phrase it differently, did CP & L know or should it have known of the defective or damaged pole in time to have corrected the problem and prevented appellees’ injuries.

It is undisputed that, before the incident in question, an unknown automobile had sideswiped the light pole, although no one saw the previous accident. As a safety precaution, the pole was designed to break away from its moorings should an automobile collide with it. This pole did not. At trial, appellees suggested that the sideswipe was sufficient to loosen the pole from its moorings yet without sufficient force to topple it at that time. They produced evidence showing the broken moorings and a dent in the pole, allegedly caused by the sideswipe.

Officer Juan Suarez of the San Benito Police Department investigated the Martinez accident. He testified that there was no evidence that Christina Martinez struck the pole. In his official report, he stated that the light pole was struck in an accident the night before it fell. Suarez obtained this information from another officer as they changed shifts. The other officer did not identify to Officer Suarez which specific pole was struck and repeated attempts to verify that assertion were unsuccessful. There is no evidence that the other officer reported the sideswipe to CP & L for inspection and possible repair.

Hector Martinez, owner of a car lot situated across the road from where the light pole stood, testified that he saw the lamp portion broken and hanging from the pole in question at least one to three days before the accident. He did not inform CP & L or any other authorities about the condition of the pole.

CP & L business operations manager Robert Hurley testified that CP & L re[894]*894ceived no notice of the pole’s damage until after it fell in front of appellees’ car. This particular pole was installed in 1968, and was the type of aluminum pole required by law to be installed to protect the motoring public. Hurley identified two accident reports where two automobiles collided with similar poles near the one in question. These collisions occurred four and two months before appellees were injured.

Regarding street lamp maintenance and repair, Hurley testified that CP & L follows the rules of the National Electric Safety Code. These rules state that “lines and equipment shall be inspected at such intervals as experience has shown to be necessary.” He stated that although these rules set the industry standard, they are not law. Thus, street lamps were inspected “as experience requires.” CP & L normally depends upon the public and police department to inform it of any equipment needing repairs. CP & L also requests that, whenever possible, its workers look for damaged or defective equipment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pool v. Ford Motor Co.
715 S.W.2d 629 (Texas Supreme Court, 1986)
Glover v. Texas General Indemnity Co.
619 S.W.2d 400 (Texas Supreme Court, 1981)
Ybarra v. Newton
714 S.W.2d 353 (Court of Appeals of Texas, 1986)
Havens v. Dallas Power & Light Co.
256 S.W.2d 689 (Court of Appeals of Texas, 1953)
Dyson v. Olin Corp.
692 S.W.2d 456 (Texas Supreme Court, 1985)
Allied Finance Co. v. Garza
626 S.W.2d 120 (Court of Appeals of Texas, 1981)
Garza v. Alviar
395 S.W.2d 821 (Texas Supreme Court, 1965)
Hill v. Dallas Railway & Terminal Co.
235 S.W.2d 522 (Court of Appeals of Texas, 1950)
San Antonio Gas & Electric Co. v. Ocon
146 S.W. 162 (Texas Supreme Court, 1912)
West Texas Utilities Co. v. Dunlap
175 S.W.2d 749 (Court of Appeals of Texas, 1943)

Cite This Page — Counsel Stack

Bluebook (online)
806 S.W.2d 892, 1991 Tex. App. LEXIS 643, 1991 WL 33035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/central-power-light-co-v-martinez-texapp-1991.