Facts

On Jan. 6, 2016, Jeffery Moon, a 28-year-old journeyman lineman employed by Southern California Edison was killed when his hand came into contact with an electrified wire as he was climbing a utility pole and he was electrocuted. Plaintiffs were Moon's wife and two young children. At the time of his death, Moon's wife was 27, and eight and a half months pregnant with the couple's second child. The couple's other child was 3 years old at the time and severely autistic.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the gloves had inadequate warnings and instructions, and had misleading logos stating they were "arc-rated" and an icon that implied protection from shock. The gloves were misrepresented by the manufacturer as suitable for working at height on power poles and around live electrical equipment when they were intended only to be used as "ground gloves" by workers in and around their work trucks. Plaintiffs claimed that defendants' advertising and promotional materials were false and misleading as to the suitability of the gloves for use by electric utility workers. Prior to the accident, defendants were aware that there was "confusion in the marketplace" as to whether "arc-rated" gloves protect from electric shock, and failed to take any steps to warn users.

DEFENDANTS' CONTENTIONS: Defendants contended that the decedent was a highly trained electrical worker and would have known that his arc-rated leather gloves would not protect him from electric shock. Decedent was still in the process of climbing the utility pole when his hand contacted the electrified wire and he had not yet begun working on electrified equipment, so he was wearing the gloves he was required to wear by his employer when the accident occurred.

Settlement Discussions

Plaintiff demanded policy limits of $17 million.

Specials in Evidence

$5.5M

Result

The jury rendered a defense verdict in finding that although defendants had failed to provide adequate warnings, the lack of adequate warnings was not a substantial factor in causing the death of Jeffrey Moon.

Deliberation

two hours

Poll

12-0

Length

six days