Summary
The Supreme Court of Missouri considers negligence claims arising after a vehicle struck a utility pole, causing energized wires to fall onto the roadway and a car. The court holds that the utility company is shielded under Clinkenbeard from liability for immediate harm caused by the vehicle's departure from the roadway, but that it may have a separate duty to discover the danger and de-energize the lines within a reasonable time. The summary judgment is affirmed in part, reversed in part, and remanded.
Holdings
- Under Clinkenbeard, a utility company generally cannot be held liable for injuries that immediately result when a motor vehicle leaves the roadway and strikes a utility pole, causing the pole or electrical lines to fall.
- Although an electric utility has a well-established duty to insulate or isolate its wires with the highest degree of care, Clinkenbeard barred Grattan's claim on the record presented because the claimed injury resulted from the driver's displacement of the lines and no independent negligence theory was supported.
- An electric utility has a separate duty to discover the danger created by fallen energized lines and shut off the power within a reasonable time, beginning when the wires fall; actual notice is not required.
- Union Electric was not entitled to summary judgment on the claim that it negligently failed to shut off the power because the record did not establish the absence of a genuine issue of material fact or Union Electric's entitlement to judgment as a matter of law.
Questions Presented
- Whether Clinkenbeard barred Grattan's negligence claim based on Union Electric's alleged failure to insulate or isolate its lines.
- Whether Union Electric owed a separate duty to discover the danger from fallen energized lines and shut off the power within a reasonable time.
- Whether Union Electric established entitlement to summary judgment on the claim concerning the timeliness of shutting off the power.
Disposition
reversed_and_remanded
Cases Cited (19)
- Thornton v. Union Elec. Light & Power Co., 230 Mo. App. 637, 72 S.W.2d 161 (1934)(cited)
- Calderone v. St. Joseph Light & Power Co., 557 S.W.2d 658 (Mo. App. 1977)(followed)
- Clinkenbeard v. City of St. Joseph, 321 Mo. 71, 10 S.W.2d 54 (1928)(followed)
- Baker v. Empire Dist. Elec. Co., 24 S.W.3d 255 (Mo. App. 2000)(followed)
- Rothwell v. West Cent. Elec. Co-op., Inc., 845 S.W.2d 42 (Mo. App. 1992)(cited)
- Noe v. Pipe Works, 874 S.W.2d 502 (Mo. App. 1994)(cited)
- Godfrey v. Union Elec. Co., 874 S.W.2d 504 (Mo. App. 1994)(cited)
- Gladden v. Mo. Pub. Serv. Co., 277 S.W.2d 510 (Mo. 1955)(followed)
- Erbes v. Union Elec. Co., 353 S.W.2d 659 (Mo. 1962)(followed)
- Goddard v. St. Joseph Light & Power Co., 379 S.W.2d 565 (Mo. 1964)(followed)
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