Larman v. Kodiak Electric Association

514 P.2d 1275
CourtAlaska Supreme Court
DecidedOctober 15, 1973
Docket1827
StatusPublished
Cited by25 cases

This text of 514 P.2d 1275 (Larman v. Kodiak Electric Association) 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
Larman v. Kodiak Electric Association, 514 P.2d 1275 (Ala. 1973).

Opinion

514 P.2d 1275 (1973)

Frances H. LARMAN, as Administratrix of the Estate of Paul R. Larman, Deceased, Appellant,
v.
KODIAK ELECTRIC ASSOCIATION, Appellee.

No. 1827.

Supreme Court of Alaska.

October 15, 1973.

*1276 John S. Hedland and Hugh W. Fleischer of Rice, Hoppner, Blair & Hedland, Anchorage, for appellant.

Sanford M. Gibbs, of Hagans, Smith & Brown, Anchorage, for appellee.

Before RABINOWITZ, C.J., and CONNOR, ERWIN, and BOOCHEVER, JJ.

OPINION

BOOCHEVER, Justice.

On June 13, 1968, appellant's intestate,[1] Paul Larman, was electrocuted when a crane he was operating came into close proximity or contact with transmission lines owned and maintained by appellee Kodiak Electric Association (hereinafter KEA). The case was tried without a jury. We are asked in this appeal to review findings of the superior court that KEA was not negligent, and that even if negligence had been shown, the decedent's contributory negligence bars recovery.

At the time of the accident Paul Larman was operating a truck-mounted telescopic hydraulic crane for his employer, Larman Construction Company, in a driveway adjacent *1277 to Shelikoff Avenue in Kodiak, Alaska. In the vicinity of the accident Shelikoff Avenue and KEA's power lines run approximately parallel to the shore of St. Paul Harbor. The power lines were about fifteen feet east of the road on the harbor side; still further east of the lines the ground level dropped down a bank to the tide line. The driveway extended east from Shelikoff Avenue under the power line to a dock on which a cannery was located.

Paul Larman and two co-workers — his brother, Henry, and Robert Norton — earlier had picked up some leads and a hammer which they had been assigned to unload on the beach north of the driveway and dock in preparation for a pile-driving job in the area. Because there were several cars parked along the driveway, they parked their crane directly under the KEA power lines.

The transmission lines included three uninsulated primary conductors, each carrying 7200 volts. The wires were all about 31 feet off the ground and separated from each other by approximately three and one-half feet. About four feet below them was an uninsulated ground wire. The ground wire carried no current. The uninsulated high-voltage wire configuration, known as a grounded-Y system, was found by the court to be a common system for distribution in both Alaska and the nation, and consistent with all applicable safety codes and ordinances.

The power line had originally been planned by KEA's consulting engineer for the west side of Shelikoff Avenue, but the city manager had asked KEA to move it to the east (shore) side because there was extensive construction activity underway on the other side. In accord with this request, KEA had the line restaked and installed on the shore side about a year and a half before the accident.

At the time of the accident Larman was operating the crane from ground-level controls on the truck, trying to maneuver a two and one-half ton lead around the power lines. The trial court found that the lines were plainly visible to Larman, and that because of his experience, he could reasonably be expected to recognize high-voltage lines. He had been warned by one or both of his co-workers to exercise care when operating near the wires. One co-worker, Norton, was down the bank holding onto a tagline to steady the load. Decedent's brother, Henry Larman, was at road level holding another tagline. Norton testified that at one point he looked up because the load was not moving, and saw sparks coming from Paul Larman's feet. Norton then saw a 6 or 8 inch arc between the boom tip and the power line. He ran up the bank and attempted to pull Larman free of the crane, but was shocked himself and knocked back down the bank. He testified that Henry Larman also tried to pull his brother free, and it was probably Henry that succeeded. Paul fell to the ground, fatally injured.

Although no evidence was admitted that the boom actually touched the wires, Leon Johnson, manager of KEA, was at the scene shortly after the accident and testified that he observed the boom between two of the primary conductors. He also observed burn marks on each side of the boom and on both conductors. The trial judge concluded:

that whether or not actual contact with the overhead wires was made or whether contact was merely in sufficient proximity to cause the arc to occur energizing the crane boom was not established but the distinction is not controlling in that the distance was a matter of inches.

From the evidence sketched above, the trial judge ruled that KEA had not breached its duty to the deceased; and that even if KEA were negligent, the decedent was contributorily negligent, and thus barred from recovering.

Appellant raises several points for our review. She contends first that KEA did breach its duty to Larman, and that Larman was not contributorily negligent. In support of her contention that KEA was *1278 negligent, appellant argues that two of the trial court's findings were not supported by the evidence, and were therefore "clearly erroneous." If we accept this theory and conclude that Larman was contributorily negligent, we are asked either to find that KEA's conduct constituted willful and wanton negligence (which would defeat contributory negligence as a defense), or to adopt a comparative negligence standard for this state. Our resolution of the negligence issue makes it unnecessary to reach the issue of contributory negligence and also renders the case inappropriate for resolving appellant's contention that this court should adopt a comparative negligence standard for Alaska.

We deal first with appellant's contention that the trial court erred in two of its findings of fact. In reviewing findings of fact of a trial judge sitting without a jury, we are bound by the "clearly erroneous" standard of Alaska Rule of Civil Procedure 52(a).[2] That standard was explained in Alaska Foods, Inc. v. American Manufacturer's Mutual Insurance Co., 482 P.2d 842, 848 (Alaska 1971):

A finding is clearly erroneous when, although there may be evidence to support it, we are left with the definite and firm conviction on the entire record that a mistake has been committed.
* * * * * *
The clearly erroneous standard, as we apply it, means something more than merely showing it is more probable than not that the trial judge was mistaken. We must be convinced, in a definite and firm way, that a mistake has been committed. We must be well persuaded by the party seeking to set aside the trial judge's findings before we will hold he was wrong.

Appellant contends that portions of two of the findings of fact below are clearly erroneous because there is no evidence in the record to support them. The allegedly erroneous findings are:

12. That the three (3) primary conductors carried seven thousand, two hundred (7,200) volts each in what is commonly known as a grounded Y system; that such a system and the uninsulated wire used in this particular system is a common method and is common equipment used in the distribution of electricity both in Alaska and across the nation as a whole.
18.

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

Related

Estate of Mickelsen Ex Rel. Mickelsen v. North-Wend Foods, Inc.
274 P.3d 1193 (Alaska Supreme Court, 2012)
Edenshaw v. Safeway, Inc.
186 P.3d 568 (Alaska Supreme Court, 2008)
Walden v. Department of Transportation
27 P.3d 297 (Alaska Supreme Court, 2001)
Rusenstrom v. Rusenstrom
981 P.2d 558 (Alaska Supreme Court, 1999)
Estate of Day Ex Rel. Strosin v. Willis
897 P.2d 78 (Alaska Supreme Court, 1995)
Sinclair v. Okata
874 F. Supp. 1051 (D. Alaska, 1994)
Keogh v. W.R. Grasle, Inc.
816 P.2d 1343 (Alaska Supreme Court, 1991)
Wassilie v. Alaska Village Electric Cooperative, Inc.
816 P.2d 158 (Alaska Supreme Court, 1991)
Shooshanian v. Wagner
672 P.2d 455 (Alaska Supreme Court, 1983)
Alvey v. Pioneer Oilfield Services, Inc.
648 P.2d 599 (Alaska Supreme Court, 1982)
Fickes v. Petrolane-Alaska Gas Service, Inc.
628 P.2d 908 (Alaska Supreme Court, 1981)
Foreman v. Atlantic Land Corp.
245 S.E.2d 609 (Supreme Court of South Carolina, 1978)
Sharp Ex Rel. Sharp v. Fairbanks North Star Borough
569 P.2d 178 (Alaska Supreme Court, 1977)
Dannemiller v. Amfac Distribution Corp.
566 P.2d 645 (Alaska Supreme Court, 1977)
Saxton v. Splettstoezer
557 P.2d 1126 (Alaska Supreme Court, 1977)
Ferriss v. CHUGACH ELECTRIC ASS'N., INC.
557 P.2d 763 (Alaska Supreme Court, 1976)
Adams v. State
555 P.2d 235 (Alaska Supreme Court, 1976)
State v. Guinn
555 P.2d 530 (Alaska Supreme Court, 1976)
Alaska Placer Company v. Lee
553 P.2d 54 (Alaska Supreme Court, 1976)
Leigh v. Lundquist
540 P.2d 492 (Alaska Supreme Court, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
514 P.2d 1275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larman-v-kodiak-electric-association-alaska-1973.