Dyson v. Gulf Modular Corp.

338 So. 2d 1385
Supreme Court of Louisiana·Decided November 8, 1976·No. 58180·Published·Cited by 58 cases

Opinion

338 So.2d 1385 (1976)

Robert C. DYSON, Jr., et al.
v.
GULF MODULAR CORPORATION et al.
Evie Lee Creel DYSON et al.
v.
John D. BELCHER, Jr., et al.

No. 58180.

Supreme Court of Louisiana.

November 8, 1976.

*1387 John W. Anthony, Talley, Anthony, Hughes & Knight, Donald H. Lee, Seal, Lee, Branch & Brown, Bogalusa, for plaintiffs-applicants.

Ronald J. Brumfield, James, Knight & Brumfield, Franklinton, Michael J. Paduda, Jr., Gallaspy & Paduda, Bogalusa, John J. Cooper, Christovich & Kearney, New Orleans, for defendants-respondents.

DENNIS, Justice.

These consolidated wrongful death actions[*] were brought by the widow and children of Robert C. Dyson, Sr., a construction worker who was accidentally electrocuted on February 25, 1972, while he was engaged in the unloading and erection of a pre-fabricated home, being built for Gulf Modular Corporation on a rural site near Franklinton, Louisiana owned by Agri-Trading Corporation. The pre-fabricated components had been purchased from National Homes Corporation, a Texas corporation engaged in the manufacture and sale of pre-fabricated modular housing units. The decedent was employed by John D. Belcher, Jr., a sub-contractor for Gulf Modular, whose responsibility included assisting National Homes, and its employee, O. E. Waters, in the unloading and assembly of the pre-fabricated components at the construction site.

Prior to trial, the district court dismissed plaintiffs' tort claims against Belcher and his liability insurer, on the ground that their liability was exclusively in workmen's compensation. At the conclusion of trial, the district court dismissed plaintiffs' claims against Gulf Modular ruling that it was the deceased's "statutory employer" under La.R.S. 23:1061, and that as a consequence, its liability was exclusively in workmen's compensation. Plaintiffs' claims against Wayne Engerran, Agri-Trading Corporation, and Washington-St. Tammany Electric Cooperative were rejected, the trial judge having found that these defendants were not negligent. The trial judge found that the decedent's death was occasioned by the joint negligence of O. E. Waters, National Homes Corporation's employee, and John D. Belcher, Jr., and entered judgment in favor of the plaintiffs against Waters and National Homes, awarding the minor children of the deceased $7,500 each, awarding the major children of the deceased $5,000 each, and awarding $15,000 to Dyson's widow. He also allowed $1,302.46 in special damages.

*1388 Defendants Waters and National Homes Corporation appealed the trial court's decision to the First Circuit Court of Appeal, seeking exoneration from liability and alternatively urging that the damages awarded were excessive. Plaintiffs answered the appeal, reasserting their negligence claims against all defendants, and seeking an increase in the awards.

The court of appeal affirmed the judgment of the trial court insofar as it dismissed plaintiffs' claims against John D. Belcher, Jr., and Gulf Modular, and insofar as it absolved Wayne Engerran, Agri-Trading, and Washington-St. Tammany Electric Cooperative from liability for negligence. The court of appeal reversed the trial court's judgment against defendants Waters and National Homes, and dismissed plaintiffs' suit, finding, contrary to the findings of the trial judge, that Robert C. Dyson, Sr., had been contributorily negligent. Dyson v. Gulf Modular Corporation, 331 So.2d 543 (La.App. 1st Cir. 1976); Dyson v. Belcher, 331 So.2d 549 (La.App. 1st Cir. 1976).

We granted writs to examine whether the court of appeal properly reversed the trial court's determination that the decedent was free of contributory negligence. 334 So.2d 429 (La.1976). Our examination of the record convinces us that the court of appeal fell into error, and, for the reasons hereinafter set forth, we reverse and remand.

When the fatal accident occurred the decedent, Dyson, and his employer, Belcher, were assisting Waters, an employee of National Homes, in removing component parts of a pre-fabricated home from the trailer in which it had been transported to the construction site for assembly. The components had been delivered in a National Homes Corporation tractor-trailer. Mr. Engerran, Gulf Modular's employee, had directed Waters, the operator of the tractor-trailer, to the job site. The tractor was equipped with a thirty-six to forty-foot crane, which was used to transfer the prefabricated components from the trailer to their proper location on a pre-cast concrete slab. Normally, Waters would have positioned the trailer next to the concrete slab, disengaged the tractor, and stabilized it by means of "outriggers," so that he could operate the crane safely in the unloading operation. Early in the morning on the day of the accident, however, as the trailer was being positioned, it became mired in the mud, with its rear portion situated beneath two uninsulated transmission lines belonging to Washington-St. Tammany Electric Cooperative, Inc. One of the lines carried an electrical charge of approximately 7,600 volts. Waters uncoupled the tractor from the trailer and moved it to a position between the slab and the trailer and readied the crane for the unloading operation.

After Belcher and Dyson arrived at the job site, a discussion was held between Belcher and Waters, and perhaps Engerran, as to whether the unloading could begin or whether they should get a tractor or bulldozer to move the trailer to a more convenient spot. Though there was evidence Dyson was hard of hearing and the record is unclear whether he participated in, or listened to this discussion, the court of appeal concluded that he did hear the discussion, and that the presence of the electrical line was mentioned. Even so, the record suggests that Dyson played no part in electing to unload the trailer from where it was, beneath the high voltage line.

No attempt was made by those in charge at the job site to have the power in the line shut off, to insulate the line, as might have been done, according to the testimony of the defendants' expert witness, by means of a "rubber snake" insulator, or to provide Dyson with insulated gloves.

Belcher instructed Dyson to climb to the top of the trailer with him. It was their responsibility to attach a steel cable, extending from the end of the crane, by means of a "Y"-shaped bridle attached to the end of the cable to the components so that Waters, who operated the crane, could lift the pre-fabricated units out of the trailer and transfer them to the slab. One unit was removed successfully and placed on the slab. As Dyson held the cable taut and *1389 maneuvered the bridle into position so that Belcher could attach it to a second component, he was electrocuted, and Belcher was hurled from the trailer by the electric shock.

The record is unclear as to exactly how close the boom of the crane was to the transmission line, though the evidence indicates it was less than ten feet from the line. However, neither the trial court nor the court of appeal found that the crane's boom touched the power line. Rather, the facts adduced suggest that the electric current passed from the transmission line to the steel cable, and down the cable to the men. Though the trial judge, after hearing all the evidence, was unable to determine "with certainty if the cable did or did not come in direct contact with the power line," he observed that "[i]t does appear from the testimony, however, that the electricity arked [sic]" from the power line to the cable.

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

Dyson v. Gulf Modular Corp., 338 So. 2d 1385 (La. 1976).

338 So. 2d 1385 (Dyson v. Gulf Modular Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Abby Gail Garcie v. City of Natchitoches
Louisiana Court of Appeal, 2019
Winfield v. Porter
618 So. 2d 890 (Louisiana Court of Appeal, 1993)
Buckbee v. Aweco, Inc.
587 So. 2d 79 (Louisiana Court of Appeal, 1991)
Dobson v. Louisiana Power & Light Co.
567 So. 2d 569 (Supreme Court of Louisiana, 1990)
Buckbee v. United Gas Pipe Line Co. Inc.
561 So. 2d 76 (Supreme Court of Louisiana, 1990)
Bunge Corp. v. Gatx Corp.
557 So. 2d 1376 (Supreme Court of Louisiana, 1990)
Clifton v. Liner
552 So. 2d 407 (Louisiana Court of Appeal, 1989)
STATE, DOTD v. Caroline Atkins Crawford Business Trusts
538 So. 2d 1078 (Louisiana Court of Appeal, 1989)
Wright v. US Gypsum Co.
538 So. 2d 291 (Louisiana Court of Appeal, 1989)
Snow v. Gulf States Utilities Co.
492 So. 2d 31 (Louisiana Court of Appeal, 1986)
Esco v. Smith
468 So. 2d 1169 (Supreme Court of Louisiana, 1985)
Horton v. Valley Elec. Membership Corp.
461 So. 2d 375 (Louisiana Court of Appeal, 1984)
Esco v. Smith
457 So. 2d 786 (Louisiana Court of Appeal, 1984)
Nicholson v. Ellerbe
434 So. 2d 1146 (Louisiana Court of Appeal, 1983)
Elmwood Plantation v. Ruud Water Heater Div.
435 So. 2d 507 (Louisiana Court of Appeal, 1983)
Brock v. New Orleans Public Service, Inc.
433 So. 2d 1083 (Louisiana Court of Appeal, 1983)
Hebert v. Gulf States Utilities Co.
426 So. 2d 111 (Supreme Court of Louisiana, 1983)