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Rodriguez v. Schlittenhart5/9/1989
the house. Some of the pipes inside the house were uncapped, which permitted gas to permeate the house, injuring the plaintiff. The supreme court held that the gas company could only be liable if it had actual knowledge or reasonable ground to believe that the pipes in the house were defective.
Although Arizona courts have not decided the duty of a supplier of electricity that does not own, maintain, or operate the facility, some jurisdictions that have addressed the issue have held that the supplier must have actual knowledge of the existence of a dangerous condition before it can be held liable for failing to terminate electrical service. Ianire v. University of Delaware, 244 A.2d 427, 428 (Del.1968); Virginia Electric and Power Co. v. Daniel, 202 Va. 731, 733, 119 S.E.2d 246, 249 (1961); Oesterreich v. Claas, 237 Wis. 343, 344, 295 N.W. 766, 768 (1941). This view is far more restrictive than the approach suggested by Scarborough. In Naki v. Hawaiian Electric Co., 50 Hawaii 416, 419, 442 P.2d 55, 59 (1968), the court took an approach similar to Scarborough and held that an electric company must have actual
knowledge or reason to know of the danger before it can be held liable. However, under either of these approaches, Rodriguez was not prejudiced by the jury instruction given regarding the duty of ED 4.
In addition, when instructions were settled, Rodriguez argued that his proposed instruction more "succinctly sets forth" the law. Failure of an objection to state "distinctly the matter objected to and the grounds of the objection" precludes appeal on that issue. Rule 51(a), Ariz.R.Civ.P., 16 A.R.S.; Long v. Corvo, 131 Ariz. 216, 217, 639 P.2d 1041, 1042 (App.1981).
Cumulative Error
Finally, Rodriguez argues that even if the individual grounds of error do not by themselves require the granting of a new trial, a new trial is required when these errors are considered cumulatively. We find no cumulative error requiring the granting of a new trial.
We affirm.
General Footnotes
Page 1 2 3 4 5 6 7 Arizona Personal Injury Attorneys
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