Homer Electric Ass'n v. Towsley

841 P.2d 1042, 1992 Alas. LEXIS 125
CourtAlaska Supreme Court
DecidedNovember 27, 1992
DocketS-4563
StatusPublished
Cited by36 cases

This text of 841 P.2d 1042 (Homer Electric Ass'n v. Towsley) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Homer Electric Ass'n v. Towsley, 841 P.2d 1042, 1992 Alas. LEXIS 125 (Ala. 1992).

Opinions

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

The Estate of Herschell Towsley (the Estate) is suing Homer Electric Association (HEA) for wrongful death. The sole issue presented by this petition concerns the interpretation of AS 18.60.670(1) which prohibits the placement of “any type of ... equipment ... that is capable of lateral, vertical, or swinging motion, within 10 feet of a high voltage overhead electrical line or conductor.” The trial court ruled that AS 18.60.670(1) prohibits placing a crane where it is capable of extending its boom to within ten feet of a power line. HEA disagrees, arguing that AS 18.60.670(1) only prohibits placing a crane within ten feet of a power line even if it is possible for the boom to extend into the ten-foot area. We granted [1043]*1043HEA’s petition for review. We agree with HEA and reverse the trial court.

II. FACTS

Decedent Herschell Towsley worked as a laborer for Rollins Truck and Tractor, a subcontractor on a project near Homer. In May 1987 Towsley was holding the tag line of a pile driver as a crane’s lift line was moving the pile driver. The lift line hit a power line owned and maintained by HEA.1 Towsley was electrocuted.

The Estate claims that prior to the accident the general contractor on the project advised HEA that the project would require use of a crane near one of HEA’s power lines. The Estate claims that HEA advised the contractor that the work could legally proceed as long as there was a ten-foot clearance between the power lines and the crane.

After the accident the Estate sued HEA for wrongful death. One theory of liability is that HEA was negligent per se in failing to prevent persons working near HEA’s power lines from violating AS 18.60.670(1).2 The Estate moved for a ruling that AS 18.60.670(1) prohibits placing equipment closer to power lines than the maximum extension of the equipment plus ten feet. The trial court so ruled. We granted HEA’s petition for review.

III. DISCUSSION

A. Contentions of the Parties

Alaska Statute 18.60.670 provides in relevant part that “[a] person ... may not (1) place ... machinery ... that is capable of lateral, vertical, or swinging motion, within 10 feet of a high voltage overhead electrical line or conductor.” The trial court interpreted this language to prohibit placing equipment in a location where any part of the equipment could potentially come within ten feet of the power line. HEA argues that the statute allows equipment to be placed where it is possible for a part of the equipment to extend into the ten-foot area, so long as no part of the equipment actually does.

Specifically, HEA argues that the trial court’s interpretation of AS 18.60.670(1) is wrong because it conflicts with the plain meaning of the statute, conflicts with AS 18.60.675, runs contrary to federal interpretations of similar federal laws, runs contrary to industry and Alaska Department of Labor interpretations of AS 18.60.670, and would cause excessive and unwarranted burdens on the construction industry.

Amicus Curiae, the State of Alaska, favors HEA’s interpretation. It argues that the plain meaning of

AS 18.60.670 does not prohibit the placement of and operation of cranes just outside of the 10-foot protective area.... If the legislature wanted to prohibit the placement and operation of cranes anywhere in the vicinity of power lines so that the crane could not possibly invade the 10-foot protective area, it would have done so.

The State also argues that HEA’s interpretation is consistent with the Department of Labor’s two-decade-old interpretation.

The Estate argues that the trial court’s interpretation is correct because safety laws should be broadly construed, HEA’s interpretation would render AS 18.60.670 superfluous, and the trial court’s interpretation is consistent with the Department of Labor’s longstanding construction of the statute.

B. Plain Meaning

Generally, the most reliable guide to the meaning of a statute is the words of [1044]*1044the statute construed in accordance with their common usage. Lagos v. City & Borough of Sitka, 823 P.2d 641, 643 (Alaska 1991). However, even where the statutory language considered alone seems to leave room reasonably for only one meaning, we nonetheless may consult legislative history and the rules of statutory construction, realizing that sometimes language that seems clear in the abstract takes on a different meaning when viewed in context. North Slope Borough v. Sohio Petroleum Corp., 585 P.2d 534, 540 (Alaska 1978); State v. Alex, 646 P.2d 203, 208 n. 4 (Alaska 1982). In such cases the legislative history and rules of construction must present a compelling case that the literal meaning of the language of the statute is not what the legislature intended. University of Alaska v. Geistauts, 666 P.2d 424, 428 n. 5 (Alaska 1983) (“Where a statute’s meaning appears clear and unambiguous, ... the party asserting a different meaning has a correspondingly heavy burden of demonstrating contrary legislative intent.”); State v. Alex, 646 P.2d at 208 n. 4 (under Alaska’s sliding-scale approach to statutory interpretation, the more plain the language of the statute the more convincing the evidence of contrary legislative intent must be).

As noted, the trial court interpreted AS 18.60.670(1) to prohibit the placing of equipment in a location where any part of the equipment could come within ten feet of a power line. A literal reading of the statute does not support this interpretation. Read literally, AS 18.60.670(1) merely prohibits equipment from being within ten feet of a power line. The Estate does not cite to, and we have not found, any direct evidence that the legislature intended a contrary meaning. Although, as discussed below, the Estate argues that there is implicit evidence that the legislature intended a contrary meaning, we believe this evidence does not present a compelling case that the legislature did not intend AS 18.60.670(1) to be interpreted literally. Thus, we conclude that AS 18.60.670(1) should be interpreted literally.

First, the Estate argues that the existence of section 312-20 of the 1969 Alaska General Safety Code is evidence that when the legislature enacted AS 18.60.670(1) in 1972 it intended the statute to provide the same protection as the code. Section 312-20 provided: “The operation of [equipment] when it is possible to bring any part of the equipment within ten (10) feet of high voltage lines is prohibited....” (Emphasis supplied.)3 Section 312-20 was repealed in 1973 by the Department of Labor.

The Estate’s assertion seems unlikely in view of the language of AS 18.60.670(1). If the legislature had intended to provide the same protection as the code provision it probably would have copied the code provision verbatim or used similarly clear language.

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Bluebook (online)
841 P.2d 1042, 1992 Alas. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/homer-electric-assn-v-towsley-alaska-1992.