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Personal Injury
Wrongful Death
Dangerous Condition of Public Property

Kant Muchhala, Carolyn Muchhala v. United States of America

Published: Jun. 2, 2007 | Result Date: Feb. 5, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 1:05-cv-00863-oww Bench Decision –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Douglas L. Gordon
(Miles, Sears & Eanni)


Defendant

Kristi Culver Kapetan


Experts

Plaintiff

Robert W. Armstrong II
(Demler, Armstrong & Rowland LLP) (technical)

Defendant

Mark A. Rhodes
(technical)

Facts

Jay Muchhala, a 27-year-old software engineer, fell to his death when he suffered a massive electric shock upon climbing up a high-voltage power pole in the Yosemite National Park. His parents sued the United States of America for wrongful death.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed the U.S. negligently maintained and operated the power pole, that did not post warning signs of the danger, and that the pole was improperly accessible being only four feet from the ground, instead of the repaired 7.5 feet.

DEFENDANT'S CONTENTIONS:
The defendant argued it had posted warning signs on the pole but that the signs had been damaged by inclement weather. It further claimed that it was not liable for Muchhala's death because the accident was unforeseeable, and that he voluntarily engaged in an inherently dangerous activity in climbing the electric pole. The defendant argued it owed Muchhala no duty of care and that Muchhala assumed the risk.

Damages

Muchhala's parents sued for unspecified damages and $8,403 in burial expenses.

Injuries

Muchhala suffered severe electric shock, and blunt trauma injuries after falling 25 feet to the rocky surface below. He died one hour after falling onto the rocks.

Result

The Judge ruled the United States was not liable for Muchhala's death.


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