Miller v. Lambert

380 So. 2d 695
CourtLouisiana Court of Appeal
DecidedFebruary 7, 1980
Docket10743
StatusPublished
Cited by8 cases

This text of 380 So. 2d 695 (Miller v. Lambert) 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
Miller v. Lambert, 380 So. 2d 695 (La. Ct. App. 1980).

Opinion

380 So.2d 695 (1980)

Ronald E. MILLER and Mrs. Felice M. Miller
v.
Valentine A. LAMBERT, Warren Galliano, Lattie Development Co., Inc., Lattie Construction Co., Employers' Fire Insurance Co.

No. 10743.

Court of Appeal of Louisiana, Fourth Circuit.

February 7, 1980.

*696 John H. Brooks, Gretna, for plaintiffs-appellees-appellants.

Leach, Paysse & Baldwin, Richard C. Baldwin, New Orleans, for George Hoffman d/b/a Hoffman Elec. Co., defendant-appellee.

Drury & Lozes, James H. Drury, New Orleans, for defendants-appellants-appellees (Valentine A. Lambert, Warren Galliano, Lattie Development Co., Inc., Lattie Const. Co., Inc. and The Employers' Fire Ins. Co.).

Wood Brown, III, New Orleans, for defendant-appellants-appellees (Fejta Const. Co., Inc.).

Before GULOTTA, CHEHARDY and HOOD, JJ.

GULOTTA, Judge.

On April 9, 1974, eighteen-year-old Dennis Miller was electrocuted when he cut into high voltage wires while attempting to repair a damper on an air conditioning vent at the Ramada Inn Causeway in Metairie, Louisiana. His parents filed a wrongful death and survivorship action against numerous defendants, including certain coemployees as executive officers; corporations involved in the construction of the building and its conversion from an office building into a hotel; the corporation which operated the hotel; their insurers; and Ramada Inn, Inc., which issued the franchise on the hotel operation. The petition was later amended to incorporate a workmen's compensation suit against decedent's employer.

After trial on the merits, the trial court rendered judgment in the parents' favor for $30,000.00 each, a total of $60,000.00, in solido against two executive officers; the company which operated the hotel and which employed decedent; the construction company which handled conversion of the building from an office into a hotel facility; and their insurer. The judgment dismissed the suit as against the other defendants. The cast defendants have appealed. Plaintiffs have cross-appealed, seeking an increase in quantum, and have appealed the dismissal of the construction company which initially constructed the building for use as an office building.

The building in which the accident occurred was constructed by Fejta Construction *697 Company for Lattie Development Company. Fejta subcontracted the electrical work to Muller Electric Corporation. Originally intended as an office building, the ten-story structure was completed in "shell" form only, with the idea the inside would be finished to the specifications of the proposed lessee. Accordingly, each floor was provided with 277-volt wiring for installation of fluorescent lighting. The 277-volt lines were run in pairs so they could be coupled to provide 480-volts where higher current was needed (such as for the air conditioning unit on the roof). There was a circuit breaker panel on each floor, from which conduit (containing the wiring) ran up into a crawlspace between the ceiling of that level and the floor of the level above.

Tom Lattie, president and chief shareholder of Lattie Development, decided to convert the building to a hotel facility, employing his own contracting firm, Lattie Construction Company, Inc., to do the conversion work. The electrical work was done by Lattie Construction Company employees, in consultation with George Hoffman, a licensed electrical contractor. They installed 110-volt wiring to the hotel rooms. The original 277/480-volt lines, though not needed above the second floor, were left in place and "stubbed off"[1] and left energized. The circuit breaker panels and junction boxes for the 110-volt system were not marked to distinguish them from the 277/480-volt system.

In January 1974 Dennis Miller, who had just graduated from high school, was hired by Lattie Development Company, Inc., doing business as Ramada Inn Causeway, to work as a maintenance helper. Dennis had no training or experience in electrical work; his only previous jobs had been as a stock clerk in a supermarket and a restaurant waiter. On April 9, 1974, pursuant to a work slip posted on the maintenance room bulletin board, he went to one of the rooms to repair a malfunctioning damper on the air conditioning vent. Dennis apparently discovered the transformer on the damper was malfunctioning and decided to change it. The dampers operated off the 110-volt current. However, while working with a pair of pliers designed for lower voltage work, Dennis came into contact with the 277/480-voltage wires at the junction box and was electrocuted.

The evidence showed Dennis did not have a voltage tester or high-voltage pliers among the tools with him and that he had taken off his cumbersome chunky-heeled leather shoes before climbing into the crawlspace. He obviously was unaware of the additional danger involved in working on electrical wiring in a steel-framed building without rubber-sold shoes, or that the wires he had uncovered in the junction box carried a different and lethal voltage from those he was accustomed to working with.

LIABILITY

For the sake of clarity, we consider liability of the defendants involved in the construction and conversion of the building separately from the defendants who operated the hotel.

I. Construction of Building's Shell.

We do not agree with plaintiffs' contention that Fejta Construction Company is liable because the work of its electrical subcontractor, Muller Electric, was substandard.[2] In seeking to assess liability against Fejta, plaintiffs complain that the electrical code was violated by use of the same color wires for the 110-volt and the 277/480-volt systems; by failure to anchor the junction boxes properly; and by failure to mark the amount of voltage on the circuit breaker panels. Plaintiffs also claim that Fejta violated prevailing safety practices by failing to mark the junction boxes and by leaving the 277/480-volt system energized on completion of the shell.

It is clear that Fejta's role was simply to provide Lattie Development with a shell *698 structure suitable for later finishing into an office building. No defect in design or construction of the building was shown to be a cause of the accident. Fejta contemplated that the building, accepted by Lattie Development as an outer shell only, would be completed at a later date, by qualified and competent workers, into an office building. Fejta could not reasonably foresee that, in finishing and converting the building into a different type of facility, the 277/480-volt system would be unused but remain energized; or that the accountable people employed in the conversion and in operating the hotel would fail to carry out their responsibilities respecting safety considerations; or that an untrained and inexperienced employee would be allowed to work with the wiring. We agree, therefore, with the dismissal of the suit as against Fejta.

II. Conversion into Hotel.

The defendants involved in this phase were Lattie Construction Company; Thomas Lattie,[3] its chief executive; Edward Lynch, field construction supervisor; and George Hoffman, the electrical consultant. The trial judge dismissed Lynch and Hoffman without giving reasons, but held Lattie Construction Company liable for failing to use "prevailing safety practices in the conversion." Plaintiffs have not appealed the dismissal of Lynch and Hoffman. Accordingly, we discuss their responsibility and actions only insofar as they relate to the overall liability of Lattie Construction Company.

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380 So. 2d 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-lambert-lactapp-1980.