Lott v. Louisiana Power & Light Co.

539 So. 2d 718, 1989 La. App. LEXIS 149, 1989 WL 10658
CourtLouisiana Court of Appeal
DecidedFebruary 8, 1989
DocketNo. 87-1221
StatusPublished
Cited by2 cases

This text of 539 So. 2d 718 (Lott 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
Lott v. Louisiana Power & Light Co., 539 So. 2d 718, 1989 La. App. LEXIS 149, 1989 WL 10658 (La. Ct. App. 1989).

Opinion

GUIDRY, Judge.

Defendant, Louisiana Power and Light Company (hereafter LP & L), appeals a judgment of the trial court finding LP & L responsible in the death of Huey R. Lott and awarding damages to his survivors. We reverse.

The facts of the case and its procedural posture at the time of trial were accurately and succinctly set out by the trial judge in his reasons for judgment as follows:

“This case involves a claim for damages by the widow and children of HUEY R. [719]*719LOTT. The accident giving rise to the death of MR. LOTT occurred on August 29, 1977. Suit was brought on October 19,1977, and the record has become voluminous from the filings. However, by the time the matter was tried on the merits the only remaining parties were the wife of the deceased, SYLVIA LOTT BUCKLEY, and his children, HARDTNER R. LOTT and CONSTANCE ANN LOTT (hereinafter collectively referred to as PLAINTIFFS); and LOUISIANA POWER AND LIGHT COMPANY (hereinafter referred to as DEFENDANT or LP & L).
The accident in which MR. LOTT was killed occurred in the early afternoon hours of August 29, 1977. He was making a routine check of equipment on the Urania No. 3 lease in LaSalle Parish. The lease was operated by his employer, Smith Operating, Inc. MR. LOTT was an oilfield pumper whose task was to service many different oilfield locations and pumping units. He was killed in the performance of his employment duties when he came in contact with either an energized switchbox or energized guy-wire at the Urania No. 3 lease. It is not known exactly what happened to cause LOTT’S death but it appears that the switchbox on the lease location became energized when the insulation on the wires from the conduit going into the switchbox eroded, thus causing a short. The guy-wire became ‘hot’ because it was wrapped around the metal conduit leading to the switchbox. The switchbox was not grounded.
The well where the accident occurred is one of many operated in LaSalle Parish by Smith Operating, Inc. All of these wells require electricity for operation. In this particular case, the electrical power was supplied by the DEFENDANT. However, LOUISIANA POWER AND LIGHT COMPANY did not supply the electricity directly to the well site, but rather provides a source on its main line from which Smith Operating, Inc. supplied its well. The service to the Smith Operating, Inc. lease is reflected by the diagram designated as LP & L No. 1 attached to the deposition of Dudley J. Bertrand. [See Appendix 1] As can be seen from that diagram, the accident occurred more than 800 feet from the point of delivery of electricity from DEFENDANT to Smith Operating, Inc.
The initial electrical service to this location was provided by DEFENDANT in September of 1967. The original applicant was LeVell and Long and the original application provided for a minimum capacity of 10 KV. The ownership of the lease changed hands often and LP & L received the following applications over the years:
1. Sklar Production Company, Inc. in November of 1968.
2. L.B. LeVell & Associates in September of 1969.
3. Nelson Oil Company in April of 1970.
Apparently Nelson Oil Company is a subsidiary of Smith Operating, Inc. as LP & L mailed its bills to Nelson in care of Smith.
Each of these applications were on a standard form furnished by LOUISIANA POWER AND LIGHT COMPANY....
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There is no evidence to show the extent of construction of feeder lines when the system was originally connected to the LP & L system in 1967. It is apparent that some lines were added since that time. At the time of the accident, the feeder system originated from the main LP & L line which carried 13,800 volts of power. The electricity passed through a three phase Delta transformer bank which was attached to the LP & L pole. From this point the electric current was carried by a four wire system over two poles for approximately 390 feet. The fourth wire ceased to exist past the second pole and the three remaining wires continued an additional 435 feet to the point of the accident. The three wires were all power conductors of electricity. These lines carried a power of 480 volts as measured from one conductor to the other, having been reduced to that vol[720]*720tages by the transformer at the LP & L pole.
The system belonging to Smith Operating, Inc. was obviously grossly defective in construction and maintenance. The electrical power for this system came directly from LOUISIANA POWER AND LIGHT COMPANY. At the service entrance of the feeder system from the main LP & L line there existed an obvious violation of the National Electric Code (N.E.C.) and of DEFENDANT’S own service standards and regulations.”

The obvious violation of the N.E.C., referred to by the trial judge, consisted of the LP & L service lines through the weatherhead to the customer’s meter being contained in the same raceway or conduit as the customer’s lilies which left the electric meter and subsequently exited the same weatherhead. N.E.C. regulations require the incoming utility’s wires and the outgoing customer’s wires to be in separate conduits. However, it should be noted that N.E.C. regulations do not apply to utilities, but only to the customer’s side of the utility service entrance.

The basis for the trial court’s judgment in favor of plaintiffs is set forth in its reasons as follows:

"... that DEFENDANT was aware, or should have been aware, of the defect at the service entrance to the system and thereby was placed on notice of the potential defects in its customer’s system. With such notice DEFENDANT should have refused to furnish service until it was satisfied the system was safe.”

The trial judge further found that LP & L’s conduct was a cause-in-fact of the accident because, under the circumstances, i.e., knowledge (whether actual or presumed) of a defect in Smith’s wiring at the point of delivery, gave rise to a duty on the part of LP & L to inspect Smith’s complete system for further deficiencies before supplying power to the site; and, that said duty encompassed the risk encountered by Huey R. Lott.

On appeal, appellant lists fourteen assignments of error. Since we determine that the trial court clearly erred in its aforestated conclusion, we need consider only that issue.

The trial judge found that LP & L owed a duty to inspect Smith’s entire system for deficiencies before supplying power to the site and that its failure to do so was a cause-in-fact of Lott’s death. In reaching this conclusion, the trial court relied primarily on the holding in Hughes v. Louisiana Power and Light Company, 94 So.2d 532 (La.App. 1st Cir.1957). We find the trial court’s reliance on Hughes misplaced. In Hughes, lightning struck a transformer belonging to defendant, knocking out plaintiff’s power. The burnt transformer, which served only plaintiff’s premises, was replaced at approximately 5:30 a.m. Shortly thereafter, defendant’s servicemen returned to plaintiff’s residence at plaintiff’s request.

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Related

Calhoun v. Federated Rural Elec. Ins.
571 So. 2d 672 (Louisiana Court of Appeal, 1990)
Lott v. Louisiana Power & Light Co.
547 So. 2d 359 (Supreme Court of Louisiana, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
539 So. 2d 718, 1989 La. App. LEXIS 149, 1989 WL 10658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lott-v-louisiana-power-light-co-lactapp-1989.