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
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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