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Blodgett-McDeavitt v. University of Nebraska12/7/2004
he finger and that's it. [The shock on September 11] was up through my arm and into my head. t was big and it was like it was a jolt." The trial court expressly stated in its order of award that the court "believe [Blodgett-McDeavitt] knows the difference between an electric shock and static electricity."
In corroboration of Blodgett-McDeavitt's testimony, Blodgett-McDeavitt's co-worker testified that he was sitting or standing close by when Blodgett-McDeavitt was shocked and that Blodgett-McDeavitt "mentioned, I just was shocked, your -- by your cubicle, you know, and I just got zapped." Blodgett-McDeavitt's co-worker testified that he had told her he had experienced static electricity shocks from the cubicle and that "[Blodgett-McDeavitt] said, well, this wasn't something like . . . just a static shock. This was a lot . . . it's something that almost knocked me out." Blodgett-McDeavitt's co-worker also testified that her reaction after the shock was that "she definitely looked like she had been -- gone through an experience."
Dennis Adkins, a building service technician at the University in September 1997, testified that he was contacted on September 11 to check the area where Blodgett-McDeavitt had complained of receiving a shock. Adkins testified that he touched the area of the cubicle Blodgett-McDeavitt had identified and that he did not receive a shock. Adkins testified that while working on the cubicle, he had received a static electricity shock, which he could identify as such because " t was short, brief and kind of just stung the tip of my finger," as opposed to an alternating current shock, which "would travel up my arm to the -- you know, into the body and actually cause you to clench." Notably, Adkins' description of a shock from an alternating current matches Blodgett-McDeavitt's description of the shock she felt earlier that day.
Adkins then testified that he retrieved a volt/ohm meter and that he attempted to determine where any potential voltage might be located. Adkins testified that he was unable to locate potential voltage in any of the areas he checked. Adkins also confirmed that he checked the outlet in the cubicle and that he determined that the outlet was properly grounded.
Adkins testified that after he could not find any potential voltage or conductivity in the cubicle and had determined that the outlet was properly grounded, he requested a licensed electrician be contacted for assistance. Ben Elliott, a maintenance electrician employed by the University in September 1997, was called to assist Adkins. Elliott testified that he and Adkins reperformed the same tests Adkins had performed and that he and Adkins were still unable to find any potential voltage in or around the cubicle. When asked his opinion as to whether Blodgett-McDeavitt could have been shocked by an alternating current, Elliott stated, "Well, we couldn't find anything. That's all I can say." Elliott also testified that when working with electricity, it is possible there can be intermittent problems which are "there sometimes and not at other times," and that "one of the more frustrating things to deal with is when somebody comes in and complains about there being a problem and you go out there and you test everything out and you can't find an explanation."
Both Adkins and Elliott testified that as an added safety precaution, because they had not been able to find any potential voltage, they installed a second ground wire on the panel from which Blodgett-McDeavitt claimed to have received a shock. Adkins stated that they installed the additional ground wire because they had not found any potential voltage and because "there was still staff in the office area that po
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