WASHINGTON V. LOUISIANA POWER AND LIGHT CO.
555 So.2d 1350 (La. 1990)
NATURE OF THE CASE: This was a wrongful death action.
FACTS: The decedent was electrocuted when the antenna from his CB radio met D's
uninsulated 8,000-volt transmission line. The line was 21.5 feet above the ground. Five
years before, decedent had encountered the line and was severely burned while moving his
antenna. Decedent requested several times that D insulate the line prior to the recent
accident. P was awarded $500,000 for pain and suffering and the loss of life of decedent and
$75,000 for loss of love, affection and support. D appealed and found that because decedent
had been injured 5 years before and since that time was extremely careful never to move the
antenna alone or toward the line until the day of the fatal accident, D did not breach any
duty owed to decedent.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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