Gray•Duffy Negotiates Substantial Reduction in Settlement in Personal Injury Lawsuit involving an Electrical Shock to a Woman in the Shower

April 2012

Overview

Gray•Duffy obtained a favorable settlement on behalf of its developer client in a personal injury lawsuit filed by a 60-year-old woman who allegedly was shocked in the shower and sustained brain injuries by an electrical current caused by a crane operator severing a power line down the street.

Discussion

Gran v. Marco Crane et al.

A 60-year-old-woman alleged she was shocked in the shower, knocking her unconscious and causing brain injury. She alleged that a crane operator severed a power line down the street from her home causing an electrical current to run through neutral lines and into her home.

The firm’s developer client hired a subcontractor to provide and install K-rail concrete barriers along a road adjacent to the residential development where the plaintiff lived. The initial subcontractor then hired a second subcontractor who hired a crane company to complete the project.

The first subcontractor had an onsite crew providing traffic protection and attaching the K-rail to the crane and then releasing it once it had been set on the ground. The crane operator reversed after setting the K-rail down, but failed to drop the boom to move below the power lines. The ground crew testified that they warned the crane operator about the power lines, but the crane operator further testified that he couldn’t see the metal power lines against the gray overcast sky.

Electrical and bioengineering experts testified that the current in the shower was not strong enough to cause personal injury to the plaintiff. Expert testimony from neuropsychologists on behalf of the defendant state that the plaintiff sustained a brain injury prior to this event. However, additional expert testimony from neuropsychologists for the plaintiff states that the current was strong enough to cause personal injury.

Just before trial, the plaintiff accepted a settlement of $585,000. The firm’s client paid $80,000, the crane company paid $255,000 and the first subcontractor paid $250,000. The crane company is appealing the dismissal of its cross-complaint against the second subcontractor for indemnity.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.