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Rodriguez v. Schlittenhart5/9/1989
Plaintiffs/appellants Amos Rodriguez and others appeal from the trial court's denial of their motion for new trial following a jury verdict finding for defendants Hamilton Farms, Russell Schlittenhart, Electrical District No. 4 (ED 4), and others. Rodriguez was seriously injured after coming into contact with a high voltage wire conductor. For the reasons set forth below, we affirm.
FACTS
Amos Rodriguez was seriously injured on June 23, 1985, at Well Site No. 16, located at a place known as The Moras on Hamilton Farms in Eloy. Hamilton Farms is a partnership formed in 1965 between Russell Schlittenhart and Robert E. Hamilton. Hamilton died in 1982, and the partnership continued between Schlittenhart and Hamilton's widow and children.
ED 4 is a political subdivision of the state. A.R.S. ยง 48-1701. ED 4 does not generate electricity but is a preferred customer for the purchase of hydroelectricity generated by the federal government. ED 4 provided power through its system to a disconnect point on a pole located east of Tweedy Road in Eloy. From that point, a line ran west 132 feet to Well Site No. 16.
Well Site No. 16 was installed sometime between 1936 and 1942. It consists of an H-frame platform electrical station with three large transformers mounted on a seven-foot high platform. The platform is not enclosed by a fence or otherwise. The transformers converted high voltage power supplied by ED 4 into lower voltage needed to run a nearby pump which produced water for irrigation.
The Moras consisted of Well Site No. 16, the pump, a pond, and several trees. Although Hamilton Farms personnel had posted "No Trespassing" signs in the vicinity and a yellow skull and crossbones symbol on a large metal box next to the transformer platform, The Moras was a common gathering spot for area residents. One church periodically conducted baptisms at the site. Frequently, people swam in the holding tank and had picnics in the vicinity.
On the evening of June 23, 1985, 19-year-old Amos Rodriguez, 18-year-old Ambrosio Sotelo, Amos's cousin Norberta "Cricket" Aguero, and Eleanore Zaragoza traveled to The Moras. When the four young people arrived, a party was already in progress. The two young women left Amos and Ambrosio at The Moras while they traveled to town to purchase some soda. Eventually everyone left The Moras except Ambrosio and Amos. When the two young men saw approaching headlights,
they concluded that it was the return of Eleanore and Cricket. Amos suggested that they hide from the young women as a joke. He proposed that they climb on top of the transformer platform. The car was in fact occupied by Cricket and Eleanore. When the young women arrived at The Moras and didn't see Amos and Ambrosio, they slowly began to drive away. Amos then rose to his feet, striking his head on the high-voltage wire conductor. The electrical charge threw Amos against the transformer and pinned him. Ambrosio jumped from the platform, screaming. Cricket and Eleanore heard the screaming and returned to the area. Ambrosio correctly concluded that it was dangerous to attempt to extricate Amos from the platform and Amos's three companions left the area to get help. Amos remained on the platform and in contact with the electrical conductor. When the trio and others returned, Amos was lying on the ground below the platform. Amos sustained severe and disfiguring electrical burns and was hospitalized for approximately two months.
PROCEDURAL HISTORY
On March 3, 1986, a complaint was filed on behalf of Amos Rodriguez seeki
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