Case details
Plaintiff: Power line too close to roof, resulting in paralysis
SUMMARY
$4000000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
burns, infarction paralysis, quadriplegia
FACTS
On Aug. 18, 2010, the plaintiff, a fumigator, was in the process of tenting a two-story home in Los Angeles so that it could be fumigated. However, when he climbed on top of the home’s chimney, his head came into contact with a 12 kV high-voltage, overhead power line. As a result, he suffered permanent , including a brain stem infarction, resulting in quadriplegia, as well as extensive burns. The plaintiff sued the owners of the home, Mark and Elizabeth Sharzer, as well as Southern California Edison, which owned and controlled the overhead power line. Plaintiff’s counsel contended that the Sharzers failed to conduct a reasonable inspection of the home when they purchased it in 1997, which would have discovered the dangerous condition involving the overhead power line being too close to the walkable and non-walkable surfaces on the roof. Plaintiff’s counsel also contended that Southern California Edison faced liability because its power line was in violation of clearance requirements set forth in General Orders 95, Rule 37. Plaintiff’s counsel conducted extensive discovery regarding Southern California Edison’s annual and detailed inspections required by General Order 165, and contended that Southern California Edison should have discovered the clearance violation during each one of its annual and detailed inspections that occurred from 1991 to 2010. Southern California Edison claimed that it properly installed its overhead power line in 1957, in compliance with the clearance requirements set forth in General Orders 95, Rule 37, but that the subsequent owners of the home illegally converted it from a one-story home into a two-story home in 1991. It claimed that in doing so, the home owners impinged on its easement and illegally entered into the proper clearance distance required under General Orders 95, Rule 37. Southern California Edison also claimed that the homeowners who converted the home from a single-story to a two-story home (who then sold it to the Sharzers in 1997), as well as the architect who designed the plans for the second story remodel, were at fault for creating the clearance violation. Thus, Southern California Edison contended that it was not at fault because it did not create the clearance violation. In addition, it claimed that the absence of the required clearance between the chimney (a non-walkable surface) and the overhead power line was not visible from where its employees conducted its annual and detailed inspections required by General Order 165. Thus, Southern California Edison contended that not only did it not create the clearance violation, it had no knowledge of the clearance violation or means to discover it. The Sharzers claimed that while they hired the plaintiff’s employer as an independent contractor, they were out of town when the fumigating was taking place. Thus, they claimed that they weren’t liable for the incident and that the plaintiff’s employer indemnified them from any liability, making the employer responsible for any alleged negligence., The plaintiff sustained an electric shock as a result of coming into contact with a 12 kV high-voltage, overhead power line. As a result, he suffered a brain stem infarction, which is a stroke in the brain stem, and third-degree burns to the back of his head and large portions of his body. He was subsequently taken from the scene of the accident by ambulance and brought to an emergency room. However, it was determined that the brain stem injury resulted in partial quadriplegia. The plaintiff is now a partial paraplegic with only minimal use of his hands. He also has permanent scars from his burns. Thus, he claimed he had a substantial amount in past medical costs (which were covered by worker’s compensation). He also sought recovery of damages for his future medical costs, which would include 24-hour attendant care for remainder of his life, as well as damages for his past and future pain and suffering. Defense counsel did not dispute the severity of the plaintiff’s .
COURT
Superior Court of Los Angeles County, Central, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury