Washington v. Louisiana Power and Light Co.

555 So. 2d 1350, 1990 WL 8544
CourtSupreme Court of Louisiana
DecidedFebruary 5, 1990
Docket88-C-3035
StatusPublished
Cited by8 cases

This text of 555 So. 2d 1350 (Washington v. Louisiana Power and Light Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington v. Louisiana Power and Light Co., 555 So. 2d 1350, 1990 WL 8544 (La. 1990).

Opinion

555 So.2d 1350 (1990)

Yosheda WASHINGTON and John Washington, Jr., Individually and on Behalf of Their Deceased Father, John Washington, Sr.
v.
LOUISIANA POWER AND LIGHT COMPANY, XYZ Insurance Company, Telex Communication Corporation, Hy-Gain/Telex Electronics Corporation, DEF Insurance Company and GHI Insurance Company.

No. 88-C-3035.

Supreme Court of Louisiana.

February 5, 1990.
Rehearing Denied March 8, 1990.

*1351 Meyer Gertler, Rodney Vincent, Basile Uddo, Gertler, Gertler & Vincent, for applicant.

Eugene G. Taggart, George F. Riess, Kathryn J. Lichtenberg, William Burns, Monroe & Lemann, for respondent.

DENNIS, Justice.

We granted certiorari in this power line accident case to review the Court of Appeal's judgment setting aside a jury award to the adult children of a man who was electrocuted when he accidentally allowed a citizens band radio antenna to come into contact with an uninsulated 8000 volt electrical wire that spanned the backyard of his residence. Washington v. Louisiana Power & Light, 532 So.2d 798 (La.App. 4th Cir.1988). We affirm. The jury verdict for the plaintiffs was manifestly erroneous. Although the gravity of the injury in a powerline accident is usually severe, under the circumstances of this case the magnitude of the risk was not great because the possibility that the radio antenna would have been brought into contact with the powerline was very slight: five years before his fatal accident the deceased narrowly escaped death or serious injury in a similar mishap; he expressed concern for his life and afterwards exercised great caution and avoided moving the antenna near the powerline; inspections by the power company would have shown only that the antenna was stationed securely at a safe distance from the power line right-of-way; on the occasion of his fatal accident, however, the deceased deliberately and for no apparent good reason raised the antenna from a position lying on the ground a safe distance from the powerline and walked with it in an erect attitude to within a dangerous proximity of the uninsulated wire, where he was electrocuted. Because it was clearly unlikely that the deceased had forgotten about the hot wire, a warning by the power company would not have averted the accident. Consequently, the only safety measures the company might have taken to avoid the accident were to insulate the line, place it underground or raise it to an abnormal height. We conclude that the burden of taking any of these precautions in a case such as this clearly outweighs the magnitude of the risk. This is not a situation in which there was a significant possibility of an accident due to ignorance or inadvertence. If the power company were to be required to redesign or relocate its line here, then it would be forced to do so immediately, and thereafter continually, in the hundreds, perhaps thousands, of locations along its high voltage line rights-of-way at which tall television or radio antennas are safely installed.

The deceased, John Washington, Sr., lived in a subdivision in Marrero, Louisiana with a back yard 118 feet wide. LP & L had a five foot right-of-way across the decedent's backyard, over which it had strung an uninsulated eight thousand (8000) volt electrical distribution line, approximately 21 and ½ feet above the ground and 23 feet inside the rear property line and fence. LP & L's right of way and power line ran through many lots adjacent to and beyond *1352 Mr. Washington's property in both directions. The line was clearly visible.

In the 1970's Mr. Washington began a citizens band radio hobby using a CB antenna on top of his house. Sometime later in the 1970's the decedent erected a second antenna in a corner of his backyard. He stationed the second antenna as far from the other as possible to reduce interference. The new antenna was designed to fit into a long pipe affixed to a pedestal and to be raised or lowered as if it were a boom. The new antenna itself was only 21' 4" long, but it extended 62 or 63 feet above ground when raised to a vertical posture within the pipe. The pedestal containing the pipe and the antenna was implanted one foot inside the fence which was located on the decedent's rear property line. The pipe assembly was designed so that the antenna could be raised or lowered only along the rear property line in a direction parallel to and at a safe distance from the powerline. Charles Morton, a close friend who helped the decedent install the antenna, testified that Mr. Washington and he were aware that it could create an electrical hazard if it were not positioned carefully. They chose the back corner of the lot as the safest location.

In 1980 Mr. Washington and his son removed the antenna from the pipe and attempted to move it under the power line toward the house. Although the antenna could be carried by two persons with its pole or mast parallel to the ground, the four rod-like elements that radiated in as many directions from the base of the antenna made it difficult to get under the power line without making contact. Each element was eight feet long so that when two elements rested on the surface the other two extended at 45 degree angles to a height of some eleven feet in the air; and, of course, one of the elements would extend even higher when the antenna was picked up or rotated. Mr. Washington's son testified that as they were attempting to "tip" the antenna and get it under the power line the uppermost element made contact with the hot wire. The resulting shock knocked the decedent's son to the ground and burned him slightly on the hand; it also burned large blisters on Mr. Washington's hand. The son testified that, after the accident, his father said "That could have killed me."

The electrical accident resulted in a blackout in the neighborhood. LP & L investigators determined that Mr. Washington and his son had caused the power failure by touching the power line with the antenna. They discussed the matter with Mr. Washington in his backyard before leaving and reenergizing the line.

After his close call Mr. Washington was very cautious with the antenna and did not attempt to move it under the power line or even carry it away from the back property line. His children and Mr. Morton testified that several times after the accident, the decedent requested that LP & L insulate the line or move it underground, indicating his continued awareness of the danger. LP & L responded that it could do so only at Mr. Washington's expense. At trial LP & L presented evidence that a Public Service Commission order stated that utility companies should charge a customer for the cost of burying his line underground, rather than passing on the cost of that benefit to all customers.

In January, 1985 Mr. Washington, with the help of his friend, Mr. Morton, lowered the antenna and removed it from the pipe. Mr. Morton testified that the decedent had planned to work on the antenna when some parts he had ordered arrived. Mr. Morton said that they set the antenna down near the property line and were careful not to move it in the direction of the power line because they knew it and the other lines around it were dangerous.

On January 27, 1985, one week after Mr. Washington and Mr. Morton lowered the antenna, residents in the neighborhood reported an electricity blackout at 1:30 p.m. Ronnie Bushnell, an LP & L service lineman, drove slowly through the subdivision visually checking the line. Although he and a helper searched in this manner for 30 to 45 minutes, they were unable to find the source of the power failure.

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Cite This Page — Counsel Stack

Bluebook (online)
555 So. 2d 1350, 1990 WL 8544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-louisiana-power-and-light-co-la-1990.