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Hoffman v. Union Electric Co.11/22/2005
re remained a total of 17 material facts in dispute in relation to Ms. Hoffman's claim. Of particular importance was testimony from one of the paramedics who stated he would have extricated Tiffany from the vehicle and provided medical treatment had UE shared its information. In the presence of a recognized duty to inform, these disputed material facts supporting a theory of unnecessary delay in treatment would allow the plaintiff to survive summary judgment. The burden on UE to provide this information is small and if a human life can be saved, the societal benefit is great. There certainly is no greater societal interest worthy of protection other than the preservation of human life.
Even if the utility company could expedite life-sustaining treatment by providing this information in but one out of one hundred accidents, given that the benefit is preserving human life, it seems unconscionable not to recognize such a simple duty to disclose this information. Recognizing the existence of this duty does not open the floodgates to frivolous litigation. A plaintiff in any case is still required to meet the significant legal burdens of proving the duty was breached, that specific injury resulted and that the breach of the duty directly and proximately caused those defined injuries.
The principal opinion responds by stressing that regulations and industry standards serve as legal recognition of the interest of preserving human life, and if UE disclosed the line status information that would somehow put more lives at risk. Contrary to the principal opinion's conclusions, recognizing this duty does not place any additional duties on the first-responders or require UE, or any other utility, to place any additional people at risk. The duty to inform is simply that, a duty to inform. The first-responders once armed with line status information can make an informed decision on whether to intervene. It is the sharing of the line status information, knowing if the line is safe to approach or not, that protects other individuals from harm. It is the concealment of this information that puts additional people at risk.
Ironically, the UE employee dispatched to the accident scene disregarded the policies, standards and regulations the principal opinion touts, and used a fiberglass pole obtained from the first-responders to move the downed line from the vehicle. At deposition, this employee stated that the line was de-energized and that he doubted anyone would have been injured had they touched the vehicle. Apparently, this UE employee was confident that the first-responder's equipment was all that was necessary to remove the line from the vehicle.
Today, the majority opinion holds that utility companies have no legal duty to provide line status information to first-responders during a time of life-threatening emergency. While the majority may have discharged UE from any legal obligation, perhaps the company will recognize its own moral obligation to protect the sanctity of human life. It must have been difficult for the first-responders to watch the life slowly drain from Tiffany Hoffman not knowing if they made a reasoned decision to withhold treatment. I would reverse the trial court's order granting summary judgment.
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