Wrongful Death Electrocution

The lawsuit arose after the plaintiff’s decedent, Kevin Finck, was electrocuted on April 22, 2019 on a job site in Accomack, Virginia. Mr. Finck was walking with a hoist cable connected to a digger derrick within a few feet of an energized overhead high voltage powerline owned and maintained by A&N Electric Cooperative. The hoist cable made contact with the overhead high voltage power line causing severe injuries to Mr. Finck that ultimately led to his death.

Mr. Finck was employed by Dietzel Enterprises, which was a subcontractor to Allstate Tower, Inc. Allstate Tower contracted to perform maintenance on a communications tower for Accomack County, which was the nature of the work being performed at the time of Mr. Finck’s electrocution.

Plaintiff brought suit against Dietzel Enterprises, Allstate Tower, Inc., A&N Electric Cooperative, and Morris & Ritchie Associates (MRA) who was retained by Accomack County to provide engineering services related to the work that was ultimately contracted to Allstate Tower.

Defendants Dietzel Enterprises and Allstate Tower, Inc. filed pleas in bar to dismiss the suit asserting the exclusive jurisdiction of Virginia’s Workers Compensation Act as a bar to tort recovery. The parties held a bench trial on the issue where evidence was presented along with arguments. The Court granted the plea in bar filed by Dietzel Enterprises, but denied Allstate Tower’s plea in bar.

The action was set for trial in May 2023. Prior to trial, the remaining defendants filed motions for summary judgment that included, in part, arguments that Virginia’s Overhead High Voltage Line Safety Act (Va. Code Section 58.1-406 et. Seq) barred the recovery of Plaintiff because he was performing work within 10 feet of an energized overhead high voltage power line without statutory notice on the owner operator and absence of a duty owed by MRA. Motions for summary judgment were granted, denied, and taken under advisement in part. The case proceeded towards trial against Allstate Tower, A&N Electric, and MRA.

Plaintiff reached a pre-trial settlement with Defendant Allstate Tower for $425,000.00.

Trial commenced against Defendants A&N Electric and MRA. After arguments and rulings on jury instructions, Plaintiff and Defendant A&N Electric settled for $800,000.00. The case proceeded to closing arguments between Plaintiff and MRA. The jury returned a verdict in favor of MRA after deliberation. Plaintiff filed a notice of appeal following the entry of judgment. Plaintiff and MRA settled prior to briefing before the Court of Appeals for $150,000.00.