Trial Magazine

Keith Jester, 43, worked as a senior lineman for Duke Energy. While he was strapped to a utility pole on a farm, the pole broke below the ground. Jester fell 25 feet and was crushed when the pole hit him. He died an hour later from internal injuries. Jester, who had earned $90,000 annually, is survived by his wife and three children, one of whom is an adult.

Jester’s family sued Utilimap Corp., the company that contracted with Duke Energy to inspect 30,000 wood utility poles in southwestern Ohio. Suit alleged that the defendant failed to inspect the subject pole and did not inform Duke Energy of this.

The jury awarded $28 million. The trial court upheld the verdict and denied defense motions for a new trial and for j.n.o.v.

Citation: Jester v. Utilimap Corp., No. A 1500283 (Ohio Ct. Com. Pl. Hamilton Cnty. Sept. 28, 2017).

Plaintiff counsel: AAJ members Stuart E. Scott, Jeremy Tor, and Peter H. Weinberger, all of Cleveland.