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Keywords

negligenceverdictduty of care
negligenceverdictduty of care

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Conte v. General Housewares Corp., 215 F.3d 628, 54 Fed. R. Evid. Serv. 771, 2000 Fed.App. 0200P

Facts

On June 10, 1995, Erik Conte, an employee of Kessler Tank Co., was painting an elevated water tank surrounded by high-voltage electrical wires. DP & L had been contacted by GHC to de-energize some power lines, but only secondary lines were de-energized, leaving primary lines energized. Conte was injured when his extension pole made contact with these energized lines, resulting in severe burns and disfigurement. Conte filed suit against both GHC and DP & L for negligence.

On June 10, 1995, Erik Conte, an employee of Kessler Tank Co., was painting an elevated water tank surrounded by high-voltage electrical wires. DP & L had been contacted by GHC to de-energize some power lines, but only secondary lines were de-energized, leaving primary lines energized. Conte was injured when his extension pole made contact with these energized lines, resulting in severe burns and disfigurement. Conte filed suit against both GHC and DP & L for negligence.

Issue

Did DP & L owe a duty of care to Conte, and was it negligent in its actions regarding the de-energizing of power lines?

Did DP & L owe a duty of care to Conte, and was it negligent in its actions regarding the de-energizing of power lines?

Rule

Under Ohio law, a party that undertakes to render services for the protection of another is liable for physical harm resulting from its failure to exercise reasonable care in performing that undertaking.

Under Ohio law, a party that undertakes to render services for the protection of another is liable for physical harm resulting from its failure to exercise reasonable care in performing that undertaking.

Analysis

The court found that DP & L had voluntarily undertaken a duty to assist in making the workplace safe for Conte and his coworkers. The jury could reasonably conclude that DP & L's duty included de-energizing the primary power lines, and that it was negligent for only de-energizing the secondary lines. The court also noted that the existence of conflicting evidence regarding the scope of DP & L's duty was a matter for the jury to resolve.

The court found that DP & L had voluntarily undertaken a duty to assist in making the workplace safe for Conte and his coworkers. The jury could reasonably conclude that DP & L's duty included de-energizing the primary power lines, and that it was negligent for only de-energizing the secondary lines. The court also noted that the existence of conflicting evidence regarding the scope of DP & L's duty was a matter for the jury to resolve.

Conclusion

The court affirmed the jury's verdict in favor of Conte, holding that DP & L was liable for his injuries due to its negligence in failing to adequately de-energize the power lines.

The court affirmed the jury's verdict in favor of Conte, holding that DP & L was liable for his injuries due to its negligence in failing to adequately de-energize the power lines.

Who won?

Erik Conte prevailed in the case, as the jury found that both DP & L and GHC were negligent and awarded him $3.5 million for his injuries.

Erik Conte prevailed in the case, as the jury found that both DP & L and GHC were negligent and awarded him $3.5 million for his injuries.

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