After a woman was electrocuted, the Michigan Court of Appeals rules the downed power line was a foreseeable hazard by Consumers Energy
This was a tragic case that was brought on behalf of a Michigan woman who caught fire and eventually died after a downed power line wrapped around her leg. The only good news from this terrible tragedy is that the woman’s estate can proceed with a negligence claim for electrocution wrongful death against Consumers Energy, according to a recent Michigan Court of Appeals published decision.
Here are the facts of the case, Estate of Skidmore v. Consumers Energy:
On a July evening, Catherine Skidmore ran across the street to warn a neighbor that a power line had fallen on his van, and that it was likely going to catch fire. As Catherine was running to the neighbor’s house, the power line was sliding. Due to the neighbor’s darkened yard, it was difficult to see the downed line. Then, the power line became twisted around Catherine’s leg and she caught fire. Efforts to extinguish the fire were futile.
Catherine’s husband stated that the power lines in the neighborhood had been problematic for about 25 years and neighbors had complained about the lines, stating there was too much vegetation surrounding them.
Catherine’s estate sued Consumers Energy for negligence and negligent infliction of emotional distress, based in part on the utility company’s duty to reasonably inspect and maintain its power lines. A Calhoun County judge originally dismissed the case, ruling in favor of Consumers Energy. But the Court of Appeals reversed in Estate of Skidmore v. Consumers Energy, in an opinion written by Judge Peter D. O’Connell, allowing Mrs. Skidmore’s family to proceed with a pain and suffering electrocution lawsuit.
After a close review of the opinion, this case also presents many powerful legal case themes that attorneys who litigate and handle power line electrocution cases can adopt:
- The failure of an electric utility to design and implement a prudent safety program and schedule for vegetation control.
- The failure of an electric utility to design and implement a prudent safety program and schedule for pole top and facilities inspections.
- The failure of an electric utility to use due care and caution in the inspection, maintenance, and repair of its aging infrastructure.
An important consideration that was made by the court was whether Mrs. Skidmore acted “reasonably.” Hon. O’Connell highlighted that, unlike prior cases dealing with overhead power lines, the power line at issue in this case was on the ground:
“The question is whether it is reasonably foreseeable that failing to reasonably inspect and maintain power lines would result in a dangerous situation to a person on the ground. It is not a leap to conclude that this duty includes an obligation to reasonably inspect for fraying lines, since a frayed line was responsible for the injury in Schultz [v. Consumers Power Co, 443 Mich. 445 (1993)]. An injury due to a live power line on the ground is far more foreseeable than an injury due to a power line in the air.”
It’s particularly noteworthy that this panel of conservative Michigan Court Of Appeals jurists followed the Michigan Supreme Court mandates found in Schultz v Consumers Power Company, and reversed the trial court’s opinion, that had confused “clairvoyance” with “forseeability.”
Stated O’Connell in response to Consumers Energy’s argument that it could not have anticipated Mrs. Skidmore would run toward the power line:
“The area surrounding the power line was residential. It is foreseeable that people would be using the surrounding streets and yards and would be at risk if the power line fell. We conclude that it was reasonably foreseeable that an injury could follow from failing to inspect and maintain a power line in a residential area.”
A second important lesson for attorneys is that a downed power line is more dangerous than a power line that’s suspended.
Now the case is in the hands of jurors.
Where it always belonged.
https://publicdocs.courts.mi.gov:81/opinions/final/coa/20160119_c323757_48_323757.opn.pdf
