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Marathon Corp. v. Pitzner8/2/2001
ot have come into contact with a high voltage line. He said it is not possible to turn the unit on by simply connecting the two low-voltage wires if the downstairs on/off switch was off. The transformer to operate the low-voltage wires is in the downstairs unit. Without access to the on/off switch, the only way Pitzner could turn the unit on and off to fully charge it with freon was to use a screwdriver to reach into the access panel and push the contactor, which bypasses the control circuit and activates the unit. It is very common for servicemen to do this. However, this could result in an electrical shock or flash.
In Texas, only air conditioning contractors are required to be licensed, not technicians such as Pitzner. Nowhere on the Honda-Suzuki roof could a person attach a safety belt.
Dr. John Eftekhar, appellee's expert, is a professor of mechanical engineering at the University of Texas at San Antonio. He teaches air conditioning system design and also has an accident reconstruction business. After viewing photographs of the roof, taken just after the accident, Eftekhar opined that at the time of the accident, Pitzner was working on the condensing unit in the small space between the units, repairing a freon leak. The photos show that the space between the units and the roof edge was "crowded" with gas pipes, vents and electrical cables. A serviceman must get between the units to access the control panel.
The unit must be turned on in order to get a full freon charge. The contactor is a relay that gets a signal from the thermostat inside the building to turn the cooling unit on or off. By pushing the contactor, the circuit is completed, causing the compressor to run. The system works off a high-voltage line (220 volts), which powers the unit, and a low-voltage line (24 volts), which powers the control. The unit did not have a power disconnect. There is evidence in the photos of an electrical flash - some dark spots near the contactor.
Eftekhar opined that the injuries to Pitzner's skull and his lumbar spine show that Pitzner was traveling backwards when he left the roof, and that his upper body struck the ground first. Using photos of the accident scene showing the pool of blood where Pitzner landed, actual measurements from the scene, Pitzner's height, weight, and the size of his arm, neck and head, Eftekhar calculated Pitzner's center of gravity, and was able to determine the range of speed when he exited the roof as 3 to 3.1 feet per second, comparable to a fast walk. He opined that Pitzner most probably received an electrical shock or "a sensation that surprised him," causing him to reel backward, trip over the gas line and fall off the roof.
The small space between the units did not comply with the city code and was a contributing factor in the accident. The space was too crowded. Most probably, Pitzner was standing between all the parts, vents, pipes and cords, trying to reach in the unit when he was shocked.
Carlton Skaggs, appellant's expert, has a degree in industrial education and is a former insurance company investigator. Skaggs opined that neither Marathon nor Honda did anything wrong to cause or contribute to this accident. His opinion was based on photographs of the accident scene, and that the company had been there since 1969 and Pitzner had worked on the air conditioning units many times. Skaggs testified that he is not familiar with Dallas city building codes, the Uniform Mechanical Code or the Uniform Plumbing Code. He further opined that Pitzner could have fallen off the roof due to heat stroke.
3. Premises Liability
a. Standards
Premises liability law establishes the
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