In May 2007 two young men, Steve and David, were operating a boom lift near power lines at the Wild Waves theme park in Federal Way, Wa. One was only 20 and the other 27, neither of whom knew about the dangers of utility pole distribution lines. At about high noon on this fateful day in May, Angie Kessler lost her husband and her children lost their father, David Kessler; and David’s apprenticed, Steve, is now physically and emotionally scarred for the rest of his life.
These two cable installers were told by their employer – Metzker Communications-to attach cable to a messenger line hanging between PSE utility poles. The messenger line is about 10 feet below the power lines. Metzker was told by the park owners and the employer’s upper tier contractor that 1) these young men had the permission to do the work 2) the park owned the messenger lines and 3) opening day was coming up in a few weeks, so “get the job done” beforehand.
PSE owns the poles on which the distribution lines are strung. PSE has exclusive authority and jurisdiction to control consent for anyone who wants to attach to its utility poles.
The park and its contractor InterTel Technology failed to contact PSE to obtain PSE’s consent before any cable was attached to PSE utility poles in the past years of at about the time of this injury and death. No one claims to have known about the protocol and procedure to obtain consent from PSE and the park. No one knew that the rules required the power to be shut down for unqualified workers, as these two young men, before they were allowed to work within 10 feet of these high voltage 3 phase distribution lines.
Plaintiffs contend that had the rules been followed and PSE consent obtained, the power would have been shut off and no one would have been injured or died.
The cable installation company, for whom Steve and David were employed, Metzker Communications, did not obtain a permit from PSE nor did the park owners at Wild Waves, nor did the upper tier contractor which hired Metzker Communications, InterTel Technologies, an Arizona based company. No one followed the rules. Had the rules for obtaining PSE consent been followed, PSE would have required an on site inspection and would have likely discovered trees overgrowing the messenger line in the location of this injury and death and would have likely insisted the trees to be trimmed or topped before consent was granted to perform this work.
PSE likely would have reviewed the qualifications of the installers before granting consent to attach anything to its utility poles. Since these two workers were unqualified, consent was not likely.
Plaintiffs contended that had the park followed it’s safety manual, it should have de-energized the power because its safety manual required all lines to be turned off when unqualified workers were on the poles or within 10 feet of the power lines. The work performed by Plaintiffs was within 10 feet below the high voltage lines.
Plaintiffs contended that InterTel and Six Flags hid the three previous cable installations from PSE, all of which were without PSE’s consent. Had the owners and contractors which hired Metzker notified or obtained PSE consent for all past and the current installation of cable on PSE utility poles, this injury to Steve and death of Dave would not have happened. PSE would have required the trees to be maintained and trimmed so as not to grow within 1o feet of the high voltage line and not within the protected safety space before granting consent.
Plaintiffs argued that PSE would not have allowed the workers to be where they were on the date of this injury, because they were not qualified, without first turning the power off or without hiring a qualified journeyman lineman familiar and experienced around high voltage lines, or without making sure the trees were trimmed lower.
On the date of this incident at the location of this death and injury, trees had grown up and through the messenger line and the park failed to maintain and trim the vegetation. Dave and Steve during the operation of their boom lift had already successfully and safely installed 3000 feet of cable without an incident because trees were not an issue. At the location of where this tragedy occurred, the trees had overgrown the messenger line and were overgrown into the safety space. The safety space is two (2) feet of space above the messenger line. This space is designed to be kept clear for workers to work, including for Plaintiffs, free of obstructions from trees.
Steve and Dave were moving the cherry picker arm over and around the trees and were not able to see the power lines against the sky, and the lift or one of them touched the power line causing it to ground into David causing his death at the scene.
The Defendants argued that this power line was there to be seen, clear and obvious and that the Plaintiffs were totally at fault for driving the lift into the high voltage line.
Plaintiffs claimed that they did not know any better and were simply unqualified workers just there to do their job and that they did not know the power was suppose to be turned off, under the PSE rules and regulations, and did not know that a PSE permit process was necessary. They assumed that they were authorized to do the work because they were told by the park owner and InterTel to start work.
Plaintiffs’ employer rented a steel boom lift, not a fiberglass lift.
The case settled the first day of trial for $2,225,000. This was a very difficult, costly and an emotional case with high risks of a defense verdict based upon several focus groups.
Rob Kornfeld (425) 893-8989 Rob@Kornfeldlaw.com
