Geisler v. Louisiana Power & Light Co.

346 So. 2d 339
CourtLouisiana Court of Appeal
DecidedMay 17, 1977
Docket8109
StatusPublished
Cited by7 cases

This text of 346 So. 2d 339 (Geisler v. Louisiana Power & Light Co.) 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
Geisler v. Louisiana Power & Light Co., 346 So. 2d 339 (La. Ct. App. 1977).

Opinion

346 So.2d 339 (1977)

Paul E. GEISLER
v.
LOUISIANA POWER AND LIGHT CO. and J. Melton Garrett.

No. 8109.

Court of Appeal of Louisiana, Fourth Circuit.

May 17, 1977.
Rehearing Denied June 7, 1977.

*341 Henry L. Klein, New Orleans, for plaintiff-appellant.

Monroe & Lemann, Andrew P. Carter, Eugene G. Taggart, Kenneth P. Carter, New Orleans, for defendant-appellee.

Before LEMMON, STOULIG and BEER, JJ.

BEER, Judge.

On September 10, 1973, Paul E. Geisler suffered serious electrical burns while working atop the roof of the Lapalco Shopping Center, then under construction, in Gretna, Louisiana. As a result, his left foot was amputated. Subsequently, he sued Melton Garrett, the owner of the shopping center, and Louisiana Power & Light Co. (hereafter, "LP&L"), owner of the overhead electric power line located at the site of the accident, and, by supplemental pleadings, added other defendants. LP&L denied negligence, pleaded Geisler's contributory negligence and assumption of risk, and filed various third party demands. Prior to trial, Geisler settled with some defendants and, during the first day of trial, entered compromise agreements with all remaining defendants except LP&L, who, thereupon, reserved its right to pro rata reduction by reason of the settlement. The trial lasted four days and resulted in a jury verdict (on special interrogatories), finding negligence on the part of LP&L and contributory negligence on the part of Geisler. Thereupon, Geisler's demand against LP&L was dismissed, as was the petition of intervention filed by his workmen's compensation insurer, Maryland Casualty Co. A motion for new trial was denied, and Geisler devolutively appeals. LP&L answered the appeal to protect its right to pro rata reduction of any judgment rendered against it.

At trial, Geisler testified that he had worked 16 years for Poley's Sheet Metal, Inc., doing "gutter work and downspouts." He had been working at the construction site for about a week prior to the accident and had inspected the premises "to see where the drains were going through the front of the building." On the day of the accident, Geisler arrived at the site around 8:00 a. m. and began installing "L-flashing" (a 10-foot, L-shaped piece of metal which covers the crack formed at the joint between the wall and the side of the building to prevent water seepage to the interior). After lunch, he installed fiberglass "roof jacks" which covered the pipes protruding from the roof to prevent leakage from the pipes. His next job was to install 20-foot gutters. Geisler decided that the best method of getting the gutters from the floor of one of the interior rooms of the building (where they were stored) to the roof was through an air conditioning duct opening. With the assistance of Vernon White, he maneuvered the length of gutter up to the opening. Then, he and White went to the front of the building and climbed a ladder to the roof. Geisler could see six or seven feet of the gutter protruding from the duct opening. He was aware of the proximity of the power lines but contends that he did not realize that they were uninsulated and energized since he saw no warning sign to indicate that there was high voltage in the lines. With his back to the lines, he and White negotiated the first gutter section out of the opening, "hand over hand," and, together, they carried it to the edge of the building. The second gutter section was handled in the same manner. During the maneuvering of the third section of gutter, Geisler suffered electrocution. White was not electrocuted.

On cross-examination, Geisler acknowledged that he was aware that power equipment was being used at the construction site and realized that it was dangerous to allow metal to touch the overhead power lines presumably supplying electricity to the building site. He also acknowledged that from the interior of the building, looking up through the air conditioning duct opening selected for the upward passage of the gutter sections, one could see the power *342 line approximately 10 feet from the edge of the roof. He did not instruct his helper, White, to watch out for the power lines, nor did he position himself in a way anticipated to avoid contact between the lines and the metal gutter section as he pulled the guttering out of the opening in the roof even though the power lines were at his back and a portion of the gutter was leaning against (and beyond) his shoulder.

At no time did he request LP&L to temporarily de-energize the power lines in question.

Vernon White testified that he was not touching the gutter section when the accident occurred. His testimony regarding the events leading up to the accident generally corroborate Geisler's account. Asked during cross-examination if he knew that one who works with sheet metal on a roof top must be on the lookout for overhead power lines, he responded: "Common sense would tell you to look out for that."

John Poley, president of Poley's Sheet Metal, Inc., testified that he had been on the roof prior to the accident and could see the power lines at that time, but did not realize that 13,800 volts ran through them. He was aware that the service connection at the back of the shopping center site was sufficient to operate power tools. He did not request that the lines be de-energized and had, previously, shown Geisler ". . . the pole where he could pick up his service for his drill motor and stuff, and that was in the back of the shopping center."

In Dyson v. Gulf Modular Corp., 338 So.2d 1385 (La., 1976), plaintiff was electrocuted while holding a cable which came in contact with a power line. The Supreme Court applied general principles of negligence to measure the injured party's conduct:

"Furthermore, as we perceive the question of negligence, the determinative issue is always one of reasonableness or duty —i. e., did the party's conduct conform to the standard of care that would be exercised by a reasonable man; or did the conduct breach a duty imposed upon the party to protect against the particular risk from which the accident resulted. Hill v. Lundin & Associates, Inc., 260 La. 542, 256 So.2d 620 (1972); Pierre v. Allstate Insurance Company, 257 La. 471, 242 So.2d 821 (1970); Tri-State Insurance Co. v. Tidewater Trailer Mfg. Co., 312 So.2d 353 (La.App. 2d Cir. 1975); Page v. Green, 306 So.2d 847 (La.App. 2d Cir. 1975); Robertson, Reason Versus Rule in Louisiana Tort Law: Dialogues on Hill v. Lundin & Associates, Inc., 34 La.L.Rev. 1 (1972)."

Here, Geisler made the decision to maneuver long pieces of metal guttering in close proximity to power lines. The jury found this conduct to be contributorily negligent. We may not substitute our own factual determinations for well-supported findings by the trier of the fact. Dyson v. Gulf Modular Corp., supra; Canter v. Koehring Co., 283 So.2d 716, 724 (La., 1973).

Appellant's able counsel vigorously contends that LP&L committed reversible error by placing certain federal regulations into evidence. Our review of the record indicates that during the cross-examination of Mr. Poley, counsel for LP&L posed various questions concerning adherence to regulations of the Occupational Safety and Health Administration, particularly those concerned with an employer's duty to request that electrical circuits be de-energized prior to allowing his employees to commence work in close proximity thereof. However, the record also shows that counsel for Geisler posed questions to Mr.

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346 So. 2d 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geisler-v-louisiana-power-light-co-lactapp-1977.