Facts

On July 9, 2010, at 5:20 a.m., Pablo Padilla Ayala, 31, was electrocuted when his 20-foot ladder came into contact with power lines directly above a row of orchard trees in Hemet. Ayala was killed by electrocution.

Plaintiffs sued Southern California Edison, S&R Farm Labor Contractor, Circle K-5 Citrus Ranch Inc., Richard C. Kelley, individually and as Trustee of Survivor's Trust Under the Richard C. Kelley Family Revocable 1981 Trust Agreement, Hot Line Construction and Asplundh Tree Experts.

Plaintiffs are decedent's wife and minor children. Pascasio Padilla was the brother of the decedent and witnessed the accident.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that decedent was killed by a Southern California Edison power line. Plaintiffs claimed that that subject power lines were too low at a height of 18'10", and that SCE failed to maintain the power lines at a minimum height of 25 feet. Plaintiffs claimed that SCE failed to trim/remove the trees under the power lines to ensure at least 10 feet of clearance between the trees and power lines.

Plaintiffs contended that SCE was required under Public Utilities Commission regulations at the time of initial installation to maintain a clearance of 25 feet above the ground.

Plaintiffs contended that the value of decedent's loss was not less due to his national origin, because the family did not speak English, or because his work required him to be away from his family for long periods of time.

DEFENDANT'S CONTENTIONS:
SCE contended that when the lines were first installed in 1946, the subject location was a pedestrian area only requiring 17 feet of clearance, and that the height of the lines were compliant with requirements of the CPUC, was above 17 feet, and was safe at the time of the incident. SCE further contended that only 18 inches of clearance was required between the lines and the power lines under Public Utilities Commission regulations. All defendants claimed that the accident was the result of the negligence of decedent's employer Gold Growers who supplied 20-foot ladders that were inappropriate for harvesting 14-foot trees.

SCE further contended that because plaintiffs lived out of state, in Mexico, and had allegedly not seen the decedent for over two years prior to the incident, that the value of the non-economic damages were diminished.

Defendant S&R Farm Labor Contractor was sued because one of its employees had been borrowed by decedent's employer, and was supervising the work. S&R Farm argued that he failed to warn the crew of the lines. S&R Farm Labor claimed that the supervisor was being borrowed and that they did not control his work and therefore could not be vicariously liable.

Settlement Discussions

Plaintiffs demanded $5.7 million. SCE offered $800,000.

Result

The decedent's family was awarded $4,745,000 (gross), $4,033,250 (net). The jury found SCE 80 percent negligent, the employer 15 percent negligent, and S&R Labor Contractor 5 percent negligent. The jury found that the S&R Farms supervisor was being borrowed, but that S&R Farms retained some partial control over the supervisor. They also found that the supervisor was in control of the manner, method, and means of the work performed by the decedent.

Other Information

The court granted non-suits at the close of plaintiffs' evidence for Sun World, Hot Line and Asplundh Tree Experts. S&R Farms is filing a judgment notwithstanding the verdict.

Deliberation

one day

Length

five weeks