Hayes v. Entergy Corp.

850 So. 2d 916, 2003 WL 21459597
CourtLouisiana Court of Appeal
DecidedJune 25, 2003
Docket37,190-CA
StatusPublished
Cited by7 cases

This text of 850 So. 2d 916 (Hayes v. Entergy Corp.) 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
Hayes v. Entergy Corp., 850 So. 2d 916, 2003 WL 21459597 (La. Ct. App. 2003).

Opinion

850 So.2d 916 (2003)

Billie Lester HAYES, et al., Plaintiffs-Appellants,
v.
ENTERGY CORPORATION, et al., Defendants-Appellees.

No. 37,190-CA.

Court of Appeal of Louisiana, Second Circuit.

June 25, 2003.

*918 Paul B. Wilkins, Columbia, W. Mark McKee, West Monroe, for Appellants Billie L. Hayes, Darleen Hayes Parks, Carolyn Hayes, Tonya Hayes Lang and Randall Hayes.

Dawkins & Carter by William S. Carter, Jr., for Intervenor Appellee American Interstate Ins. Co.

The Boles Law Firm by Michael L. DuBos, for Appellees Louisiana Power & Light Co., Entergy Louisiana Inc. and Carl Comeaux.

Before STEWART, DREW and MOORE, JJ.

STEWART, J.

The family of Billie Lester Hayes ("family") appeals the jury's finding of no liability on the part of Entergy in the accident that resulted in the death of her husband, Prentice Hayes ("Hayes"). Finding no merit in the plaintiff's claims, we affirm.

FACTS

The events that gave rise to this wrongful death action occurred on August 23, 1999, on Holmon Road, a rural gravel roadway in Caldwell Parish. Prentice Hayes, a truck driver for J.K.M. Trucking was killed while attempting to unload a logging shear beneath a power line traversing Holmon Road. Hayes had gone to pick up the logging shear from the repair shop and bring it to the site on Holmon Road so that the logging crews would be able to use it the next morning. Hayes met Johnny Martin ("Martin"), owner of J.K.M. Trucking and J.K.M. Pulpwood, at the repair shop to pick up the shear. After Hayes insisted on unloading the shear that evening, Martin gave him permission to go and unload the massive shear alone in a particular area of Holmon Road. Hayes was quite familiar with the area having frequented Holmon Road during his work day, averaging 4 to 6 trips a day carrying logs in the three months leading up to the accident.

Entergy has an eight kilovolt power line that services the homes on Holmon Road. The line is a single phase line consisting of the primary conductor strung above the neutral conductor. Entergy's lines criss-cross the roadway several times. In spite of the fact that there was a clearing area more suitable for unloading on the right side of the road, Hayes unloaded the shear at a point on the road directly underneath one of these power lines on the left side of the road. He lowered the dove tail ramps on the trailer and got into the shear. Hayes then raised the shear head and backed the shear off of the lo-boy trailer. At some point, the shear head made contact with the energized power line. Apparently, Hayes noticed that he was touching the power line and attempted to exit the cab of the shear. He climbed out of the shear and onto the deck of the lo-boy trailer. As he leaned back to look *919 at the overhead power line, Hayes touched the energized shear. Because of the rubber tires, he was protected from shock while in the shear, but Hayes was unprotected while on the deck of the lo-boy because a path to the ground was now created. Hayes received an electrical shock that knocked him to the deck of the trailer, and according to the coroner, resulted in his death. As Hayes lay on the lo-boy, the shear rolled over the dove tail ramps and crushed him.

Following a trial on the merits, the jury determined that Entergy was not at fault for this accident. This appeal ensued.

DISCUSSION

Standard of Review

This court's review of the trial court's findings is governed by the manifest error/clearly wrong standard. Stobart v. State of La. Through DOTD, 617 So.2d 880 (La.1993); Rosell v. ESCO, 549 So.2d 840 (La.1989); Jones v. Cobb, 36,724 (La.App.2d Cir.12/30/02), 834 So.2d 13. Where there is conflict in the testimony reasonable inferences of fact should not be disturbed upon review, even though the appellate court may feel that its own evaluations and inferences are as reasonable. If the trial court's findings are reasonable in light of the record reviewed in its entirety, the court of appeal may not reverse even though convinced that, had it been sitting as the trier of fact, it would have weighed the evidence differently. Stobart, supra; Rosell, supra.

Liability of Entergy

In order to establish liability for negligence on the part of a power company, a plaintiff must prove not only that his injuries were caused by the transmission of electricity from the power company's line, but also that the risk which resulted in plaintiff's injuries was an unreasonable one and that the power company failed to comply with a duty or standard of care requiring it to take precautions against that danger. Levi v. Southwest La. Elec. Mem. Cooperative (SLEMCO), 542 So.2d 1081 (La.1989).

Johnny Martin testified that Hayes was not trained to unload the shear from the lo-boy, and that had he been there, he would have unloaded the shear himself. Martin testified that, in spite of his attempts to persuade Hayes to wait until the morning to unload the shear, Hayes insisted on unloading the shear that evening so that it would be ready for the loggers when they came to work in the morning.

The family asserts that the power lines in question were out of compliance with National Electric Security Code (NESC) standards and the cause in fact of this accident. There was considerable testimony about the appropriate standards for line height under the NESC and conflicting expert testimony about whether the aforementioned lines were actually, "out of sag" as the family contends.

The family asserts that Entergy's failure to inspect these lines and correct their sagging was in violation of its duties. Dobson v. Louisiana Power and Light, 567 So.2d 569 (La.1990); Nigreville v. Federated Rural Elec. Ins. Co., 93-1202 (La. App. 3d Cir.7/13/94), 642 So.2d 216; Weaver v. Valley Elec. Membership Corp., 615 So.2d 1375 (La.App. 2d Cir.1993). The family further asserts that because Entergy did not have knowledgeable employees that conducted meaningful inspections of the electrical lines on Holmon Road, they failed to discover and correct the excessively sagged line which caused the accident that resulted in Prentice Hayes' death.

*920 The Louisiana Supreme Court has duly noted that the obviousness and apparentness of an allegedly dangerous condition are relevant factors to be considered under the duty-risk analysis. If the facts demonstrate that the complained of condition should be obvious to all, the condition may not be unreasonably dangerous and the defendant may owe no further duty to the plaintiff. Pitre v. La. Tech Univ., 95-1446 (La.5/10/96), 673 So.2d 585, 592.

The record is replete with testimony from a battery of Entergy employees-Bobby Dubose, Herman McCarty, Kenny Robertson, Tony Smith, William Comeaux, and Danny Carpenter, regarding their duties concerning the inspection, repair, and upkeep of power lines. Although Entergy did not have a specific individual whose job it was to go around and inspect electrical lines or poles, we do not find that such a program is necessary to meet its standard of care to the public. If ever there is a problem with a line, Entergy's linemen, meter readers, pole inspectors, vegetative maintenance crews and supervisors, who all work with the lines on a daily basis, will report the matter. In fact, each Entergy employee that testified was safety conscious and understood that they had a responsibility to report any hazards posed by low-lying or downed power lines.

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Bluebook (online)
850 So. 2d 916, 2003 WL 21459597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-entergy-corp-lactapp-2003.