Trial Magazine

Laborers Oscar Rosales, 32, and Victor Quintanilla, 59, were excavating a trench for underground telecommunications lines. The two were working around a guy wire attached to an electrical utility pole when the guy wire contacted a 7,200-volt power line. The men suffered significant electric shock for two to three seconds before the power shut off automatically.

Rosales sustained burns to his face, neck, shoulder, arm, hand, and foot. He required multiple debridements, physical therapy, and wound care. He continues to suffer mental anguish, pain, and scarring. 

Quintanilla suffered burns to his face, ear, abdomen, back, fingers, leg, knee, and feet. He was hospitalized, underwent physical therapy, and now suffers from anxiety, scarring, and pain.

Rosales and Quintanilla sued Oncor Electric Delivery Co., which maintained the utility pole, alleging that the fiberglass insulator connecting the guy wire to the pole was too short and did not protect them from electrical shock. The plaintiffs also charged that the guy wire sagged, causing it to come into contact with the power line. Suit did not claim past lost income or medical expenses.

The defendant argued that the ­plaintiffs should have dug up the guy wire, which, it said, had lost tension due to the trench excavation.

The jury awarded more than $2.58 million, apportioning liability at 49% to the plaintiffs’ employer, 48% to the defendant, 2% to Quintanilla, and 1% to Rosales.

Citation: Quintanilla v. Oncor Elec. Delivery Co., LLC., No. DC-17-03500 (Tex. Dist. Ct. Dallas Cnty. June 13, 2019).

Plaintiff counsel: AAJ member Wade A. Barrow and Steven R. Samples, both of Fort Worth, Texas; Loren R. Smith, Houston; and Jose I. Sanchez, Longview, Texas.

Plaintiff experts: John Dagenhart, electrical engineering, Durham, N.C.; and Michael Morse, electric shock, San Diego.

Defense expert: Forest Smith, electrical engineering, Dallas.