Electrical arc from power line injures worker: Failure to locate tower safe distance from electrical lines: Burns: Structured settlement

Law Reporter, Jun 2000

Ross v. Pace Concerts, Inc., Tex., Travis County 353rd Jud. Dist. Ct., No. 97-14115, Aug. 10, 1999.

Ross, 34, was building a scaffold tower to support a video screen at a concert venue. As he was placing the top ledgers on the structure, a bolt of electricity arced from an overhead high-voltage power line, striking Ross and knocking him unconscious, causing him to fall to the ground. Ross suffered second- and third-degree burns to approximately 18 percent of his body, broken ribs, a fractured knee, a disk bulge at L5-SI, and posttraumatic stress disorder. His medical expenses were nearly $110,000. A stage rigger who had earned about $25,000 annually, he has not returned to that job and is now a student.

Ross sued the concert production company and the own ers of the concert venue. Plaintiff claimed the production company failed to (1) properly train and instruct construction supervisors in safety procedures, (2) provide proper safety equipment, (3) supervise its employees and contractors, and (4) locate the scaffold tower a safe distance from the electrical lines.

Suit against the concert venue owners alleged failure to (1) warn of the lines, (2) provide a safe environment for the public, (3) implement and maintain a safety program for its public premises, (4) inspect for or discover hazards on its premises, and (5) properly supervise its premises.

The production company countered that it owed no duty to plaintiff and that his injuries were caused by his own negligence or the negligence of parties over whom the company had no control or responsibility.

The parties settled for a confidential amount, including a structured settlement with a present value of more than $350,000.

Plaintiff's experts were Jim Mallory, safety engineering, Hewitt, Tex.; and Anthony Hicks, occupational medicine, Austin, Tex.

Defendants' experts were William A. Dailey, neuropsychology, and Brian Sullivan, orthopedic surgery, both of Austin, Tex.

Plaintiff's Counsel

*Edward A. Jeffords, Austin, Tex

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