FLORIDA POWER & LIGHT COMPANY, A CORPORATION, APPELLANT,
v.
ROSALEE BARRS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida Power & Light Company appealed a jury verdict awarding damages in a wrongful death action after a crane operator was killed when the crane boom contacted high-tension wires. The court affirmed, holding that where a power company has knowledge of construction work with cranes in proximity to its lines, it has a duty to warn of the danger of energized wires.
Yes. Where the facts are such that the probability of contact between a power company's wires and a crane or other movable object is reasonably foreseeable, the power company has a duty to provide notice of the danger, and liability may be imposed for injuries resulting from failure to do so.
“Clearly though, where the facts peculiar to the case are such that the probability of contact between the power company's wires and a crane or other movable object is reasonably foreseeable, the power company has been held liable for injury or death resulting from such contact.”
Establishes the legal standard for power company liability based on foreseeability of crane contact with wires
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe deceased was killed when a crane boom he was holding made contact with high-tension electrical wires. L. E. Myers Co. had installed and energized …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Notice Of Danger cases and more on FLexlaw
Appellant, Florida Power & Light Company, which was a defendant below, seeks review of a final judgment entered pursuant to a jury verdict for the plaintiff-ap-pellee in a wrongful death action. The L. E. Myers Co., also a defendant below, has filed a separate appeal.
The facts, although more fully stated in the companion appeal, L. E. Myers Co. v. Barrs, Fla.App., 127 So. 895, briefly are that the deceased was killed when the boom •of a crane contacted a high tension wire while he held the crane cable. The L. E. Myers Co. had installed and energized the high tension wires and had notified the appellant power company on the date of completion that the wires had been energized. The fatal injury occurred four days later.
The appellant has raised six points directed to statements of appellee’s counsel •during trial, error in rulings on evidentiary matters, and errors in charging the jury. These points were considered in the companion appeal and were held to be without merit. The appellant has raised four additional points, one relating to an evidenti-ary ruling and another directed to a ruling regarding jury instructions. These have been considered and found to be without merit.
The thrust of appellant’s remaining points is directed to the alleged failure of the record to reveal circumstances sufficient to support a duty upon the appellant power company to give notice of the danger which the newly energized wires created. This argument is based upon two premises— first, knowledge of construction work or improvements, even of such a nature where cranes can be expected, is not sufficient to predicate liability for failure to notify;1 and second, there is no duty to give notice to persons already possessed of knowledge of the danger.2 Clearly though, where the facts peculiar to the case are such that the probability of contact between the power company’s wires and a crane or other movable object is reasonably foreseeable, the power company has been held liable for injury or death resulting from such contact. Annotation 69 A.L.R.2d 93, 152, and cf. Richmond v. Florida Power & Light Co., Fla.1952, 58 So.2d 687.
We have carefully reviewed the record and find competent evidence, which, if believed by the jury, would sustain a finding that the appellant had knowledge of the crane’s use in close proximity to the power lines. Likewise, there is evidence from which the jury could have concluded that the deceased did not have knowledge that the wires were energized. The jury’s determination of liability was not contrary to the evidence or the applicable principles of law.
Accordingly, the judgment appealed is affirmed.
PEARSON and CARROLL, CHAS., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Pacheco v. Fla. Power & Light Co., 784 So. 2d 1159 (Fla. 3d DCA 2001)…adgett v. West Florida Elec. [*1162] Co-op., Inc., 417 So. 2d 764 (Fla. 1st DCA 1982); Norris v. City of Miami, 367 So. 2d 1038 (Fla. 3d DCA 1979); Florida Power Corp. v. Taylor, 332 So. 2d 687 (Fla. 2d DCA 1976); Florida Power & Light Co. v. Barrs, 127 So. 2d 896 (Fla. 3d DCA 1961); Bush v. Alabama Power Co., 457 So. 2d 350 (Ala.1984). Instead of entirely cutting the power, sleeving or moving the lines to a safe position during the construction, FPL insisted on a procedure in which it de-ener-gized the line…
-
Messinger v. A. B. Chance Co., 396 So. 2d 1193 (Fla. 4th DCA 1981)…crane and that subsequently resulted in the accident; and that, notwithstanding this knowledge, Florida Power issued no warnings as to the danger involved and took no other action to prevent the accident. See Florida Power & Light Company v. Barrs, 127 So. 2d 896 (Fla.3d DCA 1961).…
Authorities Cited
- Richmond v. Fla. Power & Light Co., 58 So. 2d 687 (Fla. 1952)
- Margrabe v. Graves, 97 So. 2d 498 (Fla. 1st DCA 1957)
- Arterberry v. State, 107 So. 2d 625 (Fla. 1st DCA 1958)
- H. v. Herrin, 107 So. 2d 625 (Fla. 3d DCA 1958)