Beamon v. Georgia Power Co., s. A90A1598

• Decision Date: 13 March 1991
• Docket Number: A90A1599,Nos. A90A1598,s. A90A1598
• Citation: 404 S.E.2d 463,199 Ga.App. 309
• Parties: , Util. L. Rep. P 26,071 BEAMON v. GEORGIA POWER COMPANY. REACH ALL, INC. v. BEAMON.
• Court: Georgia Court of Appeals

Page 463

404 S.E.2d 463

199 Ga.App. 309, Util. L. Rep. P 26,071

BEAMON v. GEORGIA POWER COMPANY.

REACH ALL, INC. v. BEAMON.

Nos. A90A1598, A90A1599.

Court of Appeals of Georgia.

March 13, 1991.

Rehearing Denied March 27, 1991.

Certiorari Denied June 27, 1991.

Kelly, Denney, Pease & Allison, Paul R. Bennett, Billy E. Moore, Columbus, for Beamon.

Hatcher, Stubbs, Land, Hollis & Rothschild, Richard Y. Bradley, Clay D. Land, Columbus, for Georgia Power.

Hurt, Richardson, Garner, Todd & Cadenhead, Frederick N. Gleaton, Judith I. Harris, Atlanta, for Reach All.

COOPER, Judge.

Appellant sustained electrical burns while repositioning an electrical transformer on a utility pole owned by appellee Georgia Power Company ("Georgia Power") in an aerial lifting device or "bucket truck" manufactured by cross-appellant Reach All, Inc. ("Reach All"). Appellant brought an action against Georgia Power alleging negligence in failing to properly assemble and maintain its electrical power pole and power lines and against Reach All for strict liability, breach of implied warranty and negligence for defects in the bucket truck. Both defendants filed motions for summary judgment, and without making findings, the trial court granted summary judgment to Georgia Power and denied Reach All's motion. Appellant directly appealed the grant of summary judgment to this court, and Reach All filed a cross-appeal of the denial of its motion pursuant to OCGA § 5-6-38.

Before the accident occurred, appellant, who had been working as a lineman on a bucket truck for three weeks and had no formal training, and his co-worker, an 18-year journeyman lineman, were attempting to secure the release of the transformer from the pole using collar ropes and hoist hooks. Appellant placed a rope collar around the top of the pole from which the transformer would be suspended and lowered into position. Immediately above the workers were three uninsulated phase wires and a neutral wire carrying 25,000 volts, and despite instructions that they were to wear rubber-insulated gloves while in the bucket and to apply rubber "hoses" to energized lines in their vicinity, neither worker was wearing gloves nor were hoses placed on the exposed lines. The lowest phase was approximately 54 inches above the transformer. Appellant admitted not wearing gloves, contending that it was not uncommon for workers to fail to do so as the gloves were hot and cumbersome when handling small objects and when one is not close to phase wires. The workers maintained that they were not within reach of the phase wires, and as a consequence, the wires were not covered at the time of the accident. Appellant was holding a hook in his left hand which was attached to the top of the transformer, and with the belief that the transformer had been disconnected from wires attached to it but realizing it was still attached to the pole, appellant held a second hook in his right hand which was to be attached to the collar rope. As appellant attempted to connect the hook to the collar rope, his right arm came in contact with a phase wire, and he received a full electrical shock. Appellant asserts that immediately preceding the accident, he was not within arm's reach of the phase wires and contends that the bucket must have lurched upward to put him in contact with the energized wires.

Case No. A90A1598

In his sole enumeration of error, appellant contends the trial court erred in granting summary judgment to Georgia Power and charges that the company negligently bolted its transformer to the power pole such that the transformer contacted a ground wire in violation of Georgia Power's own specifications, resulting in serious bodily injury. Appellant maintains that the incident was reasonably foreseeable and that he did not assume the risk of such injury.

"A power company is charged with the duty of exercising ordinary care in the construction and maintenance of its wires, poles, transformers and equipment. Ordinary care is that reasonable care and caution which an ordinary cautious and prudent person would exercise under the same or similar conditions. [Cit.]" Collins v. Altamaha E.M.C., 151 Ga.App. 491(1)(A), 260 S.E.2d 540 (1979). High voltage lines must be maintained "in such a manner and at such a location as not to injure persons who might be reasonably expected to come in contact with such lines." Carden v. Ga. Power Co., 231 Ga. 456, 457, 202 S.E.2d 55 (1973). In support of its contention that Georgia Power was negligent, appellant submitted the affidavit of Clayton Beamon ("Beamon"), appellant's father and a construction foreman with self-professed familiarity with Georgia Power overhead power lines dating back 20 years, wherein he alleged that appellant was injured as the result of the improper mounting of the transformer to the utility pole over a metal ground wire in violation of certain "Georgia Power Distribution Specifications" which were attached to the affidavit. Georgia Power countered with an affidavit stating that Beamon did not set forth sufficient training or experience to enable him to interpret the specifications and draw the conclusions reached in his affidavit; that Beamon took the specifications out of context and arrived at erroneous conclusions; that, nevertheless, the bonding of the ground wire and the transformer did not violate specifications; and that had appellant been in compliance with safety rules, he would not have been injured. Generally, " '[n]egligence issues are not susceptible of summary adjudication except in plain, palpable and indisputable cases. (Cits.)' [Cit.] 'The evidence must be construed most favorably to the party opposing the motion for summary judgment; this party must be given the benefit of all favorable inferences and reasonable doubts which may arise from the evidence. (Cits.)' [Cit.]" Padgett v. M & M Super Market, 195 Ga.App. 799, 800, 395 S.E.2d 245 (1990). In the instant case, Georgia Power contends that the evidence demonstrates that it breached no duty to appellant; however, in view of the well-established rule stated above and the evidence proffered by appellant, we are constrained to conclude that on this issue there are factual questions to be resolved by a jury. Id. However, the inquiry does not end here; there is no liability " 'unless the negligence alleged is the proximate cause of the injury sustained.' [Cit.]" Dilworth v. Boeckler, 187 Ga.App. 241, 370 S.E.2d 17 (1988). Appellant's injury was not merely the result of the alleged improper mounting of the transformer but appellant alleged that his injury was also caused by a defect in the...