Summary Disposition in Electrocution Case Reversed on Appeal
A handyman was electrocuted at his customer’s home. He arrived at the home to begin power washing. The weather was good. Although he saw a low hanging electrical wire, he believed that he could safely power wash the house. The handyman was wrong. Once the mist from the power washer struck the electrical wire, he was jolted by electricity. His foot caught fire and he required hospitalization for his injuries.
The utility company filed for summary disposition. The Trial Court granted the motion for summary disposition using a premises liability analysis. The trial court reasoned that since the powerline was an “open and obvious” condition, the handyman had no cause for action.
On appeal, the Court of Appeals reversed. The Court of Appeals cited language from a 1993 case which had held “it is well-settled that electricity possesses inherently dangerous properties requiring expertise in dealing with its phenomena. Therefore, pursuant to its duty, a power company has an obligation to reasonably inspect and repair wires and other instrumentalities in order to discover and remedy hazards and defects.” “This duty is not imposed based on mere possession of an easement in which to place the power lines, and this action thus does not sound in premises liability.”
The Court of Appeals sent the case back down to the trial court for further proceedings.
Click on the link to read the appellate court ruling in the case McKie v Consumers Energy Co.
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