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Torts Keyed to Franklin
Torres v. El Paso Electric Co.
Citation:
987 P.2d 386 (1999)Facts
On July 31, 1992, Francisco Torres was working for Aldershot of New Mexico, Inc., assisting in replacing a greenhouse roof. While standing in a gutter on the edge of the greenhouse roof and handling a metal rod, Torres contacted a high voltage conductor that was above and behind him. The electrical contact caused Torres to fall to the ground, resulting in severe electrical burns and an amputated left foot. His medical expenses totaled $196,808.42.
Torres alleged that EPEC negligently installed and maintained the power pole adjacent to the greenhouse. The pole, installed in 1981, was bent and EPEC had leaned it toward the greenhouse to offset the weight of the conductor. Over time, the pole shifted several feet toward the greenhouse, and the cross-arm tilted down toward the greenhouse. The pole had several cracks and appeared twisted. Torres presented evidence that EPEC had been warned about the condition of the pole and the line’s proximity to the greenhouse but took no action.
After the accident, EPEC removed the pole, cut it into sections, and discarded it despite having a policy to preserve evidence in cases of serious electrical contact. EPEC failed to provide measurements of the distance from the conductor to the greenhouse, which Torres claimed was critical evidence. At trial, EPEC argued that the actions of Torres, his employer Aldershot, and Aldershot’s contractors constituted independent intervening causes that relieved EPEC of liability. The jury found EPEC negligent but determined that its negligence did not proximately cause Torres’s injuries.
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