Garcia v. Coast Elec. Power Ass'n

493 So. 2d 380, 1986 Miss. LEXIS 2576
CourtMississippi Supreme Court
DecidedAugust 20, 1986
Docket55781
StatusPublished
Cited by23 cases

This text of 493 So. 2d 380 (Garcia v. Coast Elec. Power Ass'n) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. Coast Elec. Power Ass'n, 493 So. 2d 380, 1986 Miss. LEXIS 2576 (Mich. 1986).

Opinion

493 So.2d 380 (1986)

Susan GARCIA
v.
COAST ELECTRIC POWER ASSOCIATION.

No. 55781.

Supreme Court of Mississippi.

August 20, 1986.

*381 Michael B. Holleman, Boyce Holleman, Gulfport, for appellant.

James N. Compton, Carter O. Bise, Bryan, Nelson, Allen, Schroeder & Compton, Biloxi, for appellee.

Before ROY NOBLE LEE, P.J., and ROBERTSON and ANDERSON, JJ.

ROY NOBLE LEE, Presiding Justice, for the Court:

Susan Garcia appeals to this Court from a judgment of the Circuit Court of Hancock County entered against her in favor of Coast Electric Power Association on a suit brought for personal injury damages. She has assigned four (4) errors in the trial below.

I.

THE LOWER COURT ERRED IN OVERRULING APPELLANT'S MOTION FOR A JUDGMENT NOTWITHSTANDING THE VERDICT, OR, IN THE ALTERNATIVE, A NEW TRIAL ON THE GROUND THAT THE VERDICT WAS AGAINST THE OVERWHELMING WEIGHT OF THE EVIDENCE.

The evidence favorable to the appellee reflects that the accident here involved occurred at Bay Playtime Marina, which is located in Bay St. Louis, Mississippi. The marina provides launching facilities for boats using the Bay of St. Louis and the Mississippi Sound.

Extending across the marina property is a high-voltage line, constructed and owned by appellee. The line runs across the area in front of the boat launch and dips to a height of 29'8 1/2" where the accident occurred. According to appellee's evidence, the area was a parking lot, while appellant claimed that it was a rigging area.

One Larry Massey owned a 21-foot sailboat with a 27-foot mast and trailer. On June 7, 1981, Massey, Cindy Lewis and appellant took the sailboat to the Bay Playtime Marina for the purpose of launching it. Massey's wife, Sandy, met them at the marina. When they arrived, another boat was occupying the launching facility and *382 Massey drove his truck, which pulled the boat and trailer, into another area to rig the sailboat.[1]

Robert Dugger, owner of the marina, testified that the accident occurred in the parking lot area, where the rigging of sailboats was not authorized; that he knew of no prior rigging in the parking lot; and that he would not allow a boat to be rigged there, if he had knowledge of it.

Massey walked from the truck and trailer to the launch slip checking for obstructions. However, he failed to see the power line extending across the parking lot. They then proceeded to raise the mast and, after it was elevated to an upright position, Mrs. Massey saw the power line. Massey directed that the mast be lowered. Appellant was at the front of the boat, attempting to connect the front stay by pulling on it. Instead of being lowered, the mast was brought into contact with the power line. Appellant was electrocuted, rendered unconscious and received second- and third-degree burns on her neck, chest, arms, hands, legs and feet.

After hearing all the evidence, which included testimony of the witnesses, photographs, charts, and exhibits, the jury returned a verdict in favor of appellee.[2]

The principle has been stated numerous times that electricity is a highly dangerous agency and, therefore, the power company which dispenses and sells electricity is under the duty to use the highest degree of care for the protection of the public and individuals. Mississippi Power Co. v. Luter, 336 So.2d 753 (Miss. 1976); Mississippi Power Co. v. Harrison, 247 Miss. 400, 152 So.2d 892 (1963); Delta Electric Power Ass'n v. Burton, 240 Miss. 209, 126 So.2d 258 (1961); Mississippi Power & Light Co. v. Shepard, 285 So.2d 725 (Miss. 1973); Grice v. Central Electric Power Ass'n, 92 So.2d 837, 230 Miss. 437 (1957).

However, the duty and responsibility imposed upon a power company, such as appellee, does not fix liability against it on disputed facts. Liability or non-liability must be determined by the jury, which is the sole judge of the weight of the evidence and credibility of witnesses. Jackson v. Griffin, 390 So.2d 287 (Miss. 1980); Georgia-Pacific Corp. v. Blakeney, 353 So.2d 769 (Miss. 1978); Paymaster Oil Mill Co. v. Mitchell, 319 So.2d 652 (Miss. 1975). Further, on the alternative motion for a new trial, the same should be granted only in the exercise of the trial judge's sound discretion when he is convinced the verdict is contrary to the overwhelming or substantial weight of the evidence. Adams v. Green, 474 So.2d 577 (Miss. 1985); Jesco, Inc. v. Whitehead, 451 So.2d 706 (Miss. 1984).

In the case sub judice, the jury resolved the issue of liability against the appellant on disputed facts and, therefore, we must affirm.

II.

THE LOWER COURT ERRED IN GRANTING DEFENDANT'S INSTRUCTION D-8 OVER THE OBJECTION OF THE APPELLANT.

Instruction D-8 told the jury that, if it believed from a preponderance of the evidence, Massey failed to do certain things which the appellee's evidence showed, then Larry Massey was guilty of negligence and if the jury believed from a preponderance of the evidence that such negligence, if any, was the sole proximate cause of injuries sustained by appellant, then the jury verdict should be for appellee. The appellant contends that the present case is not one for the jury to consider sole proximate cause; that appellee had to be guilty of negligence from the maintenance of its lines across the area in violation of the National Electric Safety Code; and that the language in said instruction, viz, "... and *383 at said time and place Larry Massey knew or should have known of the existence of the Coast Electric Power Company high tension line, but nevertheless directed the raising of the sailboat mast in such a manner that the mast contacted the high tension line, ..." was confusing to the jury. Appellant cites Moses v. Central Louisiana Electric Co., 324 F.2d 69 (5th Cir.1963).

We are of the opinion that this argument is misplaced and Moses, supra, is not applicable to the facts of this case. In the case sub judice, the instruction presented to the jury appellee's theory of the defense, which was supported by evidence in its behalf, and was a proper instruction. Monroe County Electric Power Ass'n v. Pace, 461 So.2d 739 (Miss. 1984); Alley v. Praschak Machine Co., 366 So.2d 661 (Miss. 1979); Smith v. Walton, 271 So.2d 409 (Miss. 1973). When all the instructions are read together, we think that the jury was adequately and properly instructed on the issues. McKinnon v. Batte, 485 So.2d 295 (Miss. 1986); Jackson v. Griffin, supra.

III.

THE LOWER COURT ERRED IN OVERRULING APPELLANT'S MOTION IN LIMINE CHALLENGING FOR CAUSE ALL THE VENIREMEN WHO ARE MEMBERS OF COAST ELECTRIC POWER ASSOCIATION.

Attorneys for appellant filed a motion in limine before the trial of this cause, requesting the Court to grant appellant a challenge for cause on each member of the jury panel, who was a user of Coast Electric Power Association's electricity because such juror would have a direct financial interest in the association. Appellant offered to waive the objection for cause challenges, if the appellee would stipulate and permit the jury to be informed that appellee was fully insured and that the verdict in the instant case would not affect the jurors or the defendant financially. The motion was overruled.

Twenty-eight (28) prospective jurors were examined during the voir dire.

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

Related

Johnson v. State
956 So. 2d 358 (Court of Appeals of Mississippi, 2007)
Alston v. Black River Electric Cooperative
548 S.E.2d 858 (Supreme Court of South Carolina, 2001)
Alston v. Black River Electric Cooperative
527 S.E.2d 119 (Court of Appeals of South Carolina, 2000)
Pickering v. Industria Masina I Traktora
740 So. 2d 836 (Mississippi Supreme Court, 1999)
Wall v. Keels
501 S.E.2d 754 (Court of Appeals of South Carolina, 1998)
Roberts v. Grafe Auto Co., Inc.
701 So. 2d 1093 (Mississippi Supreme Court, 1997)
Robles v. GOLLOTT & SONS TRANSFER AND STORAGE, INC.
697 So. 2d 383 (Mississippi Supreme Court, 1997)
Sandra L. Gainey v. Entergy Mississippi, Inc.
Mississippi Supreme Court, 1995
First Bank v. Eastern Livestock Co.
886 F. Supp. 1328 (S.D. Mississippi, 1995)
Miles v. Catchings Clinic
601 So. 2d 47 (Mississippi Supreme Court, 1992)
Phyllis Roberts v. Grafe Auto Co Inc
Mississippi Supreme Court, 1991
City of Jackson v. Ball
562 So. 2d 1267 (Mississippi Supreme Court, 1990)
Copeland v. City of Jackson
548 So. 2d 970 (Mississippi Supreme Court, 1989)
Anderson v. Hensley-Schmidt, Inc.
530 So. 2d 181 (Mississippi Supreme Court, 1988)
Whittley v. City of Meridian
530 So. 2d 1341 (Mississippi Supreme Court, 1988)
Middleton v. Evers
515 So. 2d 940 (Mississippi Supreme Court, 1987)
Williams v. Dixie Elec. Power Ass'n
514 So. 2d 332 (Mississippi Supreme Court, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
493 So. 2d 380, 1986 Miss. LEXIS 2576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-coast-elec-power-assn-miss-1986.