[ EMF-Link Home
| Online Store
| Comments
| Up One Level ]
Litigation - Recent Cases. Stray Voltage.
Daggett et al. v. Wisconsin Electric Power Co.
Last modified on:
Tuesday, July 30, 2002 12:19:50
Copyright © 1994-2008, Information Ventures, Inc.
On February 12, 1997, Wisconsin Court of Appeals, District II, Judge Neal Nettesheim affirmed a jury verdict in favor of an electric utility in a stray voltage suit. In an unanimous decision, the panel rejected the property owners' argument that the juries answers to three questions involving contributory negligence causation, comparative negligence and the statute of limitations were inconsistent with the ultimate verdict in favor of the utility. The court said that the fact the jury answered those questions does not mean the jury determined the Daggetts had been damaged. In addition, the court found sufficient evidence to support the verdict, saying the jury could decide which evidence to accept.Daggett et al. v. Wisconsin Electric Power Co., No. 95-0793 (WI Ct. App., Dist. II, Feb. 12, 1997).
Jeffrey and Denise Daggett sued Wisconsin Electric Power Company in Sheboygan County Circuit Court. They alleged that stray voltage from the primary electrical distribution system was responsible for damage to their dairy herd, lost profits, annoyance and inconvenience. The utility denied negligence, disputed whether the plaintiffs had been damaged and suggested that plaintiffs own electrical operations or on farm sources of stray voltage caused whatever damage there was. The jury, which was presided over by Circuit Judge Gary Langhoff, found no negligence on the part of the utility. They determined that the Daggetts were 100% contributorily negligent and that they had not been damaged.
Copyright (c) 1994-2008, Information Ventures, Inc.
Mail us at: Customer-Service@infoventures.com
http://infoventures.com