Facts

This was a wrongful death matter arising from an electrocution and fall on May 9, 2004 which resulted in the death of plaintiff's son, Jay Muchhala, on the premises of Yosemite National Park, which is owned and operated by defendant United States of America through the National Park Service (NPS). The Park Service also operates and maintains a 12-Kv electrical distribution system throughout the Valley.

On the date of the accident, decedent Jay Muchhala had climbed up a high-voltage power pole adjacent to the Four-Mile Trail, apparently as high as the lower set of cross-bars, which are several feet below the energized power lines. According to the physical evidence, he was standing on the lower bars when he was suddenly electrocuted, and fell approximately 25 feet to the rocks below, suffering severe shock and blunt trauma injuries which resulted in his death within an hour or less.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended the pole was improperly accessible, i.e., with foot pegs at four feet rather than seven-and-a-half-feet, inadequately guarded against easy access, and lacked sufficient warnings, and defendant was negligent in the maintenance and operation of the electrical distribution system in violation of the customs and practices of the electric utility industry as set forth in General Order 95 and other electrical safety standards and guidelines.

DEFENDANT'S CONTENTIONS:
Defendant contended it was not negligent. High voltage signs had been affixed to the subject power pole in the past but due to defacement and inclement weather, the signs were destroyed and the pole had yet not been inspected that season to see if new signs were needed before the incident occurred. Because the accident was not foreseeable, the Government felt it was not liable. Defendant further contended that because decedent Jay Muchhala voluntarily engaged in an inherently dangerous activity when he climbed the power pole, it owed him no duty of care under the primary assumption of risk doctrine.

Settlement Discussions

Plaintiffs Demand: There were no real settlement discussions. Plaintiff's counsel asked the court to award $1 million. Defendant's Offer: Indicated offer of $50,000 at settlement conference.

Damages

Fatal injuries from electrocution and fall.

Result

Three-day bench trial. Judgment for defendant.