California Supreme And Appellate Court
Case Summaries
Injury and Tort Law
 

INJURY AND TORT LAW
Injury and Tort Law Case Summaries
 

Manuel v Pacific Gas & Electric Co A121002
 

 Fourteen-year-old Erika Manuel climbed a transmission tower owned by Pacific Gas & Electric Company (PG&E).  Tragically, she came in contact with a live transformer and was electrocuted, suffering serious injuries.  She died eleven days later.  Erika’s parents sued PG&E, which ultimately obtained summary judgment based on the immunity provided by Civil Code section 846.  We affirm.

BACKGROUND

The Facts

PG&E owns transmission Tower 40/195 (the tower), situated on an easement it owns in Lake County.  According to pictures in evidence, the tower is located away from any dwellings or buildings, with a gate seemingly blocking access to it.[1]  The tower had attached to it anti-climbing guards, which were triangular shaped pieces of metal.  These guards, particularly how they were attached and configured, became the subject of controversy, as discussed in detail below.  Likewise in controversy, and likewise discussed below, was whether the tower had any warnings on it.

At approximately 10:00 p.m. to 10:30 p.m. on June 28, 2004, 14-year-old Erika went for a walk with her friend, Antonio Magalhaes.  They walked on a trail that started by Erika’s home, and they came upon the tower.  Erika climbed onto the tower, facilitated, according to Magalhaes, by the anti-climbing guards.  At some point in her climb, Erika came in contact with a live transformer, was electrocuted, and fell.  Erika suffered burns on approximately 20 percent of her body and severe pulmonary injury from the electrical burn.  She died on July 9.

Held:

In a negligence and wrongful death action, trial court's grant of summary judgment for defendant-PG&E based on the immunity provided by Civil Code section 846 is affirmed defendant did not willfully or maliciously fail to guard or warn of a dangerous condition.
Manuel v. Pacific Gas & Elec.-A121002- 4/20/09 CA1/2
Manuel v. Pacific Gas & Elec.-A121002- 4/20/09 CA1/2-pdf

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