Dixon v. NORTHEAST LOUISIANA POWER CO-OP.

524 So. 2d 35, 1988 WL 26879
CourtLouisiana Court of Appeal
DecidedMarch 30, 1988
Docket19432-CA, 19433-CA
StatusPublished
Cited by7 cases

This text of 524 So. 2d 35 (Dixon v. NORTHEAST LOUISIANA POWER CO-OP.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dixon v. NORTHEAST LOUISIANA POWER CO-OP., 524 So. 2d 35, 1988 WL 26879 (La. Ct. App. 1988).

Opinion

524 So.2d 35 (1988)

Alma Martin DIXON, Individually and as a Natural Tutrix of the Estate of the Minor Child, Shannon Larae Dixon, Plaintiff-Appellant,
v.
NORTHEAST LOUISIANA POWER COOPERATIVE, INC., Defendant-Appellee. Peggy Parker KENNEY, Plaintiff-Appellant,
v.
NORTHEAST LOUISIANA POWER COOPERATIVE, INC., Defendant-Appellee.

Nos. 19432-CA, 19433-CA.

Court of Appeal of Louisiana, Second Circuit.

March 30, 1988.
Writ Denied June 3, 1988.

*36 Davis, Saunders & Richard by Benjamin B. Saunders, C. Perrin Rome III, James T. Davis, Metairie, and Samuel T. Singer, Winnsboro, for plaintiffs-appellants.

Theus, Grisham, Davis & Leigh by Ronald L. Davis, Jr., Monroe, and William R. Coenen, Rayville, for defendant-appellee.

Before MARVIN, FRED W. JONES, Jr. and LINDSAY, JJ.

LINDSAY, Judge.

These consolidated wrongful death suits arise out of the accidental electrocution deaths of the plaintiffs' husbands. The plaintiffs are Alma Martin Dixon, the widow of Freddie Dixon, who sues individually and as tutrix of her minor child, Shannon LaRae Dixon; and Peggy Parker Kenney, the widow of David Kenney. Named as defendant is the Northeast Louisiana Power Cooperative, Inc. ("Northeast"). The plaintiffs appealed the judgment of the trial court rejecting their claims for damages. For the following reasons, we affirm the judgment of the trial court.

FACTS

Freddie and Alma Dixon lived in a mobile home on Cruse's Dairy in rural Franklin Parish. They moved there in about May, 1981. The mobile home is located near the defendant's power lines. The following schematic diagram shows the relative locations of the mobile home and the defendant's power lines.

*37

On the afternoon of November 6, 1981, the Dixons and their friends, Peggy and David Kenney, were at the Dixons' residence. At between 5:00 and 5:30, the men went outside. Subsequent noises attracted the attention of the women, and they went outside to investigate. The women saw Mr. Dixon driving a pipe into the ground between the tongue of the trailer and its front wall, and Mr. Kenney hooking up a coax wire to the end of a CB antenna. The CB antenna had been placed so that the top of the antenna was pointing in a generally easterly direction beneath the power lines, and was lying across a wooden fence under the power lines. The women testified that the CB antenna had not been outside earlier, and that the men must have obtained it from another house at the dairy.

The women went back inside the trailer to begin cooking supper. Shortly thereafter, at about 6:15 p.m., they heard a loud "popping" noise. The trailer lights flickered, and the light over the stove went out. When the women went outside to see what had happened, they discovered Mr. Kenney lying dead near the wooden fence. Mr. Dixon was lying on the ground, still alive. However, he quickly expired despite attempts to revive him with artificial respiration.

Apparently the men raised the CB antenna into the nearby uninsulated power lines, resulting in their electrocutions. The defendant's power lines consisted of two phase lines, each carrying 8,000 volts to the ground (13,800 volts, phase to phase). A *38 neutral wire ran between them. The lines ran in a north-south direction, with the trailer running in an east-west direction, west of the power lines. The tongue of the trailer was located on the east end of the trailer, near the power lines.

The evidence demonstrated that the road phase line, or the phase line farthest from the trailer and closest to the road, was 28 feet 10 inches above the ground. The field phase line, or the phase line closest to the trailer, was 28 feet above the ground. The CB antenna was 32 feet, 6 inches in height. The phase lines were about three and a half feet apart. The top of the Dixon's trailer was 10 feet 2 inches in height.

The record reveals that the trailer was approximately four and three-fourths feet from a vertical extension of the field phase line. The end of the trailer tongue was about one and a half feet from the vertical extension of the field phase line. Burn marks on the road phase line indicate that this is the phase line with which the CB antenna came in contact. Burn marks indicating contact with the wire were located 2 feet 8 inches from the top of the antenna.

On November 5, 1982, the widows of the decedents each filed suit against Northeast. Mrs. Dixon also sued in her capacity as tutrix of the minor child born of her marriage with the decedent. On January 30, 1986, the cases were consolidated for trial. Trial was held on March 13 and 14, 1986. The trial court rendered its written reasons for judgment on October 3, 1986, rejecting the demands of the plaintiffs. The trial court found that Northeast had not violated the National Electric Safety Code and that Northeast was not liable for the deaths of the decedents. A judgment in compliance with the trial court's written reasons was signed on April 20, 1987, and filed on May 8, 1987.

The plaintiffs appealed devolutively. They rely upon the following assignments of error: (1) the trial court erred in finding that the defendant did not violate the National Electric Safety Code; (2) the trial court erred in finding that the defendant did not breach its duty of care owed/duty to warn the decedents of the hazards of uninsulated overhead wires; and (3) the trial court erred in finding that the defendant was not strictly liable under LSA-C.C. Arts. 2315 or 2317, or absolutely liable as an enterpriser engaged in an ultra-hazardous activity.

CODE VIOLATIONS

The plaintiffs assert in their first assignment of error that the trial court was manifestly erroneous in its determination that Northeast did not violate the National Electrical Safety Code (NESC). If a violation of the NESC is shown, this would amount to negligence per se on the part of the defendant.

James A. Taylor testified as an expert witness for the plaintiffs as to poles, lines, and clearances. He testified that Northeast violated several provisions of the NESC. Prominent among the alleged violations were the location of the field phase line over the tongue of the trailer, the lack of compliance with the applicable horizontal clearances, and the absence of guy guards on guy wires.

As a factual matter, the plaintiffs argue that the tongue of the trailer was directly under the field phase line. There was conflicting testimony from the various witnesses as to the exact distances between the trailer and the lines, and the point from which the measurements were taken (from the front wall of the trailer or the tongue of the trailer to the phase line.) After weighing the testimony, the trial court found, as stated in its written opinion, that the front wall of the trailer itself was four and three fourths feet from a vertical extension of the field phase and the tip of the trailer tongue was about one and a half feet from that same vertical extension. In so finding, the trial court relied upon an accident area profile and topographical survey which was compiled in April, 1982, and which was introduced into evidence during the trial.

Conclusions reached by the trial court are entitled to great weight by appellate courts. Where the testimony is conflicting, reasonable evaluations of credibility *39 and reasonable inferences of fact should not be disturbed absent clear error. In the absence of such clear error, an appellate court should adopt the trial court's findings as its own, even if other conclusions from the same evidence are equally reasonable. Ebey v. Coggins,

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

Related

Pillow v. Entergy Corp.
828 So. 2d 83 (Louisiana Court of Appeal, 2002)
Ayres v. Beauregard Elec. Co-Op., Inc.
663 So. 2d 127 (Louisiana Court of Appeal, 1995)
Wiggins on Behalf of Wiggins v. Ledet
643 So. 2d 797 (Louisiana Court of Appeal, 1994)
Cooper v. Crow
574 So. 2d 438 (Louisiana Court of Appeal, 1991)
Sipco v. Concordia Electric Co-operative, Inc.
571 So. 2d 847 (Louisiana Court of Appeal, 1990)
McCrary v. Park South Properties
560 So. 2d 38 (Louisiana Court of Appeal, 1990)
Dixon v. Northeast Louisiana Power Cooperative, Inc.
526 So. 2d 809 (Supreme Court of Louisiana, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
524 So. 2d 35, 1988 WL 26879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dixon-v-northeast-louisiana-power-co-op-lactapp-1988.