Hanchey v. Central Louisiana Electric Co.

218 So. 2d 399, 1969 La. App. LEXIS 5485
CourtLouisiana Court of Appeal
DecidedJanuary 29, 1969
DocketNo. 2537
StatusPublished
Cited by7 cases

This text of 218 So. 2d 399 (Hanchey v. Central Louisiana Electric 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
Hanchey v. Central Louisiana Electric Co., 218 So. 2d 399, 1969 La. App. LEXIS 5485 (La. Ct. App. 1969).

Opinions

HOOD, Judge.

Plaintiff, J. B. Hanchey, sues for damages for personal injuries allegedly sustained by him when he' received an electrical shock. The suit was instituted against Central Louisiana Electric Company, Inc., and its insurer, Continental Casualty Company, and against Samuel E. Lack and his insurer, Hartford Accident & Indemnity Company. Judgment on the merits was rendered by the trial court in favor of defendants. Plaintiff has appealed.

Plaintiff Hanchey is the owner and operator of an automobile repair shop or garage which is located behind his residence, in DeRidder, Louisiana. He received an electrical shock on March IS, 1966, while in that garage and while he was handling and preparing to use an electric worm digger. The shock caused him to fall or to be thrown to the floor of the building and then to the ground outside of that structure. He contends that as a result of that fall he sustained injuries to his back, hip and leg.

The “worm digger” had been purchased by plaintiff about 20 years before the accident occurred. It consisted of a metal rod, about 24 to 30 inches long, fitted on one end with a plastic handle. The other end of the rod was pointed, and about three or four inches from this point there was soldered to the rod one end of a 25 foot long single strand of insulated wire. Attached to the other end of this wire was a two pronged plug, which allowed the device to be plugged into a standard 110-120 volt electrical outlet. The single strand of wire was attached to only one of the two prongs in the plug. Unlike the usual two-wire electric cord, there was no “ground” or “neutral” wire in this particular cord. [401]*401When the device was properly plugged into an ordinary outlet this wire made contact with the “hot line” in the outlet, and the electrical current was transmitted through that wire from the outlet to the worm digger. If the plug should be reversed and inserted into the outlet in such a way that the single strand of wire made contact only with the ground or neutral side of the outlet, then ordinarily no electricity would flow through the wire to the worm digger.

The device was operated by plugging the cord into an electrical outlet in such manner that the single strand of wire made contact with the “hot line,” and then sticking the sharp end of the rod into the ground. If properly plugged into the outlet, an electrical current would then flow from the rod into the earth, causing worms to come to the surface.

On the above mentioned date plaintiff placed the “shocking device” on the concrete floor of his repair shop, near one of the exit doors, and he plugged the single wire cord into a 110-120 volt outlet located in the building. He testified that he then reached down and put his right hand around the plastic handle of the device and at that time he received an electrical shock which caused him to catapult through the exit door of the building and into the yard. While he was in the yard, attempting to disengage himself from the worm digger, the point of the rod struck the metal building, thus breaking the current and allowing him to separate himself from that device.

Plaintiff alleges that he does not know the exact cause of the accident, but that defendants know or should know the cause. He contends that the instrumentality which caused it was under the control of defendant, Central Louisiana Electric Company, that the accident was of a kind that does not ordinarily occur in the absence of negligence, and that he thus is entitled to invoke the doctrine of “res ipsa loquitur.”

The doctrine of “res ipsa loqui-tur” is a rule of evidence peculiar to the law of negligence, and it is an exception to the general rule that negligence must be affirmatively proved by the party who alleges it. When an accident occurs causing injury, without fault on the part of the 'injured party, and it is shown that the instrumentality which caused the accident was under the control of defendant and that the accident was such as would not have occurred ordinarily if the one having control uses proper care, then the injury is presumed to have been caused by the defendant’s negligence, and the burden of proof is shifted to the defendant to exculpate himself from fault. Northwestern Mutual Fire Association v. Allain, 226 La. 788, 77 So.2d 395, 49 A.L.R.2d 362 (1954); Great American Indemnity Company v. Ford, 122 So.2d 111 (La.App.2d Cir. 1960); Talbert v. Tyler, 121 So.2d 854 (La.App. 2d Cir. 1960) ; Tassin v. Louisiana Power & Light Company, 250 La. 1016, 201 So.2d 275 (1967); Pilie v. National Food Stores of Louisiana, 245 La. 276, 158 So.2d 162 (1963).

In order for this rule of evidence to be invoked, and for the burden of proof thus to be shifted to defendant, the evidence must establish the “thing” that caused the injury. • The rule cannot be applied where the thing which caused the injury is unknown, or is not established by the evidence. Talbert v. Tyler, supra; Shields v. United Gas Pipe Line Company, 110 So. 2d 881 (La.App.2d Cir. 1959).

The doctrine of res ipsa loquitur may be invoked only where the evidence warrants an inference that it was the defendant’s negligence, rather than the acts of others for which defendant is not responsible, that caused the accident. It may not be invoked where, from the nature of the facts established by the record, it could reasonably be concluded that the accident was caused by the negligence of another or through the instrumentality or agency of another. Pilie v. National Food Stores of Louisiana, supra; Talbert v. Tyler, supra; James v. Childs, Division of Kroger Company, 166 So.2d 77 (La.App. 3d Cir. 1964); [402]*402Larkin v. State Farm Mutual Automobile Insurance Company, 233 La. 544, 97 So.2d 389 (1957); Morales v. Employers’ Liability Assurance Corp., 202 La. 755, 12 So. 2d 804 (1943).

Plaintiff takes the position that the “thing” which caused the accident was an abnormal surge of high voltage electricity into the electrical system of his garage, and thus into the worm digger as he was handling it. He contends that he sustained the electric shock because of this alleged surge of power through the line, that the distribution of electrical current is under the control of the defendant electric company, that a surge of high voltage electricity through the line does not ordinarily occur if the one having control exercises ordinary care, that the burden of proof thus rests on defendant to exculpate itself from fault, and that the defendants have failed to sustain this burden of proof.

The evidence shows that over a period of about 15 years plaintiff had complained to the electric company on several occasions that he was having trouble with his electricity. Representatives of the defendant company checked plaintiff’s premises several times as these complaints were received, but they were unable to find any defects in his electrical system or any abnormal flow of electric current into his garage.

About five months after this accident occurred, the defendant electric company determined that a “hot wire” near an apartment owned by defendant Lack was making contact with the neutral or ground wire of that line, and the result was that an electric current was being transmitted through the neutral or ground wire. The neutral or ground wire, of course, ordinarily carries no current.

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Bluebook (online)
218 So. 2d 399, 1969 La. App. LEXIS 5485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanchey-v-central-louisiana-electric-co-lactapp-1969.