Case details

Plaintiff: Electricity in bathroom water lines caused nerve injury

SUMMARY

$4050000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, emotional distress, mental, psychological
FACTS
In March 2007, plaintiffs Simona Wilson and her three young children, Drew Wilson, Brendon Fisher and Nicholas Fisher, began living at 904 Knob Hill in Redondo Beach. Simona Wilson claimed that in March 2011, she began to feel electrical current on her shower head and confronted her utility company, Southern California Edison, about the problem, but was given no details about the extent of the problem and offered no solutions. Subsequently, in May 2011, Wilson was diagnosed with nerve damage, which her doctors later theorized may have developed into a secondary condition called erythromelalgia, a rare and frequently devastating disorder that typically affects the skin of feet and/or hands, and causes visible redness, intense heat and burning pain. Though her doctors were not able to say whether or not she had suffered an electrical injury, Wilson eventually left the home after an independent home inspector told her to “get out” immediately. Wilson ultimately lost the home to foreclosure. Wilson, acting individually and as guardian ad litem to her three minor children, Drew, Brendon and Nicholas, sued Southern California Edison, Prudential California Realty, Becky Pollack, Alan Boeker and Cathy Boeker. She alleged that the defendants actions constituted a nuisance, negligence, and intentional infliction of emotional distress. Prior to trial, Wilson’s children were dismissed from the case with prejudice. The matter ultimately went to trial on Wilson’s claims against Southern California Edison only, as the other defendants were let out of the case. Wilson claimed that she was told only that stray electrical currents were running through her property and that this condition might explain why there was electricity on her bathroom water lines. In the course of discovery, Wilson learned that the home was once owned by Southern California Edison; that Southern California Edison rented the home to tenants for many years before selling the home in 1999; that prior tenants and owners had complained about getting shocked in the home on several occasions dating back as far as the early 1980s; and that Southern California Edison officials once considered demolishing the home and keeping the property as a “buffer” between the neighborhood and the Southern California Edison substation next door. However, Wilson claimed that Southern California Edison never disclosed this history when it sold the home and it never told her about the extent of the prior complaints. Southern California Edison denied liability, claiming that it always responded to complaints in the past and thought the problem was resolved., In May 2011, Wilson was diagnosed with nerve damage, which her doctors later theorized may have developed into a secondary condition called erythromelalgia. There is no known cure. Wilson claimed that she continues to suffer from EM, which can cause pain, tingling and discoloration in her hands and feet. At the time of trial, Wilson’s doctors were not able to say whether she had suffered an electrical injury and the medical tests conducted by Wilson’s doctors were all negative. Thus, the doctors remain uncertain of what is causing Wilson’s current symptoms. Wilson sought recovery of damages for her emotional distress and anxiety. She also sought recovery of both compensatory damages and punitive damages. Counsel for Southern California Edison denied that Wilson suffered any . The defense’s neurology expert, a world-renowned neurological specialist in the field of EM, testified that Wilson does not have EM and that she suffered no medical injury as a result of her exposure to electricity. The defense’s expert electrical engineer, who was from a well-known consulting firm that provides experts for big industry clients, including the tobacco and auto industries, testified that stray voltage is a common phenomenon associated with most modern electrical distribution systems and that Southern California Edison’s system was typical. As for , the expert conducted a demonstration in the courtroom that involved him putting electrical current through his body and showing how the muscles in his arm contracted at voltage levels similar to those found at the home. Thus, he opined that there was “no harm” from that level of current. The electrical engineering expert further testified that electrical current is often used in the medical field for rehabilitation and other treatment purposes. Thus, the expert opined that the matter involving Wilson was not a “safety” issue, but a mere “customer service” issue.
COURT
Superior Court of Los Angeles County, Torrance, CA

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