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Dartlone v. Louisiana Power & Light Company6/21/2000
As amended October 2, 2000. There is no change in the opinion.
This appeal arises out of the fatal electrocution of 17-year-old Jed Dartlone. On July 20, 1994, while working a summer job for the Tensas Basin Levee Board, which consisted of cleaning and weedeating the levee area, Jed noticed a wire lying in an area of tall grass. He picked up the wire and was electrocuted and he died instantly. Jed's parents, Billy Wayne and Cynthia Dartlone, sued Louisiana Power & Light Company, a/k/a Entergy Corporation ("LP& L") and the City of Monroe ("the City"). LP&L;settled with the Dartlones prior to trial, leaving only the City as a defendant. After a bench trial, the trial court found that the City owed a duty to Jed, had breached that duty and was 100 percent at fault in the accident. The trial court awarded the Dartlones $709,958.55 in total damages, representing $350,000 per parent in wrongful death damages and $9,958.55 in special damages, with legal interest from the date of judicial demand.
The City appeals, assigning the following six errors: (1) the trial court erred in finding that the City owed a duty to Jed; (2) the trial court erred in finding that the City breached its duty to Jed; (3) the trial court erred in finding that the City was not protected by statutory immunity; (4) the trial court erred in finding that expert witness Rick Brooks had a conflict of interest and striking the entirety of his testimony; (5) the trial court erred in finding that the City was solely at fault in the accident that killed Jed and in failing to assess the fault of the decedent and third parties; and (6) the damage award constitutes an abuse of discretion.
FACTS
On the morning of this tragic accident, Jed and a co-worker, Alphonso Scott, were instructed to clean and weedeat on the Ouachita Parish Levee, north of the City. The area where the boys were to work was next to the Monroe pumping station facility, near the 800 block of Park Avenue. To the west of where the boys parked their truck was the pumping station and to the east was a set of stairs. Jed was driving the truck that morning and exited the truck on the east side next to the stairs. The grass was very tall and thick. Jed reached down to pick up a piece of wire lying in the grass and was electrocuted. Alphonso testified that Jed fell face forward into the grass. The wire was bare, silver in color and was not rubber-coated or insulated, which would have indicated that it was a power line. Alphonso also testified that there was nothing to indicate that the wire was a downed power line; but, when he touched Jed's blue jeans, he felt an electric shock. Alphonso immediately radioed his supervisor to report the accident and get assistance. The accident occurred at approximately 10:00 a.m.
The power line, electricity and all other equipment involved in this accident were owned by LP&L; not the City; and the parties stipulated that the accident did not occur on City property. In fact, there is an LP&L;substation very near where the accident occurred. The downed power line was "just over" the substation's fence.
Earlier that morning, at approximately 8:00 a.m., the downed line had been reported to another City employee by Johnny Frith, a part-time City employee who had been mowing near the pumping station. Arnold Rowell, City Maintenance Supervisor, to whom Mr. Frith reported the downed line, was in charge of the City's water treatment facility, which was located several hundred yards from the downed line. The downed line supplied power to the pumping facility; and, concerned about people using the levee possibly coming into contact with the line, Mr. Rowell walked over to the lin
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