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Nevada Power Co. v. Haggerty12/13/1999
Raymond Haggerty (Haggerty), an employee of the Horseshoe Club Operating Company (Horseshoe), suffered injuries by electrical shock when he came into contact with a power line. The Horseshoe paid full workers' compensation coverage to Haggerty. Haggerty then filed a negligence lawsuit against Nevada Power Company (Nevada Power). Nevada Power filed a third-party complaint against the Horseshoe, seeking indemnification and contribution.
The Horseshoe moved to dismiss the third-party complaint on the ground that, once an employer has paid workers' compensation coverage, the exclusive remedy/immunity provisions of the workers' compensation scheme protect an employer from further liability. Nevada Power argued that the Horseshoe owed an independent duty to Nevada Power under Nevada's overhead power line statutes, NRS 455.200-NRS 455.250, and thus was not shielded from liability under workers' compensation law.
The district court granted the Horseshoe's motion to dismiss, finding that the power line statutes did not create an exception to employer immunity provided under workers' compensation laws. The dismissal was certified pursuant to NRCP 54(b).
Amicus Curiae Nevada Self-Insurers Association (Association) argues that the provisions of the overhead power line statutes do not apply to high voltage transformers located inside a building.
We conclude that the overhead power line statutes do create an independent duty to indemnify in favor of a utility and constitute an exception to the employer immunity provisions of the workers' compensation laws. However, we also conclude that the electrical equipment which caused Haggerty's injuries does not fall within the definition of an overhead power line and affirm the district court's dismissal of the third-party complaint.
FACTS
Haggerty was employed by respondent Horseshoe as a maintenance engineer. In the course of his employment, Haggerty entered a room located in the basement of the Horseshoe containing electrical equipment. Within the room was a vault, normally secured by a padlock, where high voltage transformer equipment owned by appellant Nevada Power was located. The transformers were set on a platform rising from the finished floor of the vault. Haggerty went into the vault, which had been left unlocked, while conducting an inspection.
Once inside the vault, Haggerty noticed a vent that needed cleaning. The vent was located next to an electrical bus bar that ran along the top of some high voltage transformers. When Haggerty climbed a ladder to reach the vent, his shoulder touched wires relating to the bus bar. Haggerty suffered electrical shock and various injuries. Prior to the accident, Nevada Power was not informed by the Horseshoe that Haggerty would be working in close proximity to the high voltage equipment. Nevada Power was aware of the fact that authorized Horseshoe personnel would have access to the electrical room where the vault was located.
Haggerty applied for and received workers' compensation coverage under the Nevada Industrial Insurance Act (NIIA). Pursuant to the NIIA, Haggerty cannot pursue litigation against the Horseshoe.
Haggerty filed suit against Nevada Power on a negligence theory. Nevada Power filed a third-party complaint against the Horseshoe seeking indemnification and/or contribution from the Horseshoe pursuant to NRS 455.200-NRS 455.250. These statutes require a person to notify a public utility company before conducting any work in the vicinity of high voltage overhead power lines. The statutes also provide remedies for the utility company, against any person responsible for complying with the statutes, for
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