May 22, 2013
- 145 Electricity
- 145k12 Injuries Incident to Production or Use
- 145k16 Defects, Acts, or Omissions Causing Injury
- 145k16(7) k. Proximate Cause of Injury.
Height of first step on utility pole was not a cause in fact of accident which occurred when plaintiff came into contact with electrical line carrying approximately 8,000 volts where plaintiff’s decision to climb pole was made as result of wager plaintiff entered into while intoxicated, plaintiff was determined to climb pole and there was no doubt that he would have made it to the top whether first step was six feet, six inches or seven or eight feet from the ground.
Martin v. Louisiana Power & Light Company, 546 F.Supp. 780 (E.D. La. 1982)