(CN) – A Texas power company is not liable for the injuries suffered by a man who hit a power line while riding on top of a moving house.
Nicholas Traxler was working for Burkhart House Moving Co. when he hit a power line and fell off the top of the house.
He sued Entergy Gulf States Inc. for negligence. A jury assigned 10 percent of the blame to Traxler, 46 percent to his employer, and 44 percent to Entergy.
However, Chief Justice Steve McKeithen of the Beaumont-based Ninth District Texas Court of Appeals reversed the decision and awarded Traxler nothing.
He ruled that Entergy was only required to maintain its lines over state and county roads at a height of 22 feet. Distribution lines over municipal streets, like the one Traxler ran into, are only required to be maintained at a height of 17 feet.
Also, McKeithen ruled that Entergy did not have a duty to warn Traxler or his employer for potential injuries involved in riding on top of moving houses.
“Entergy owed no duty to Traxler; therefore, Traxler failed to establish the elements of negligence,” McKeithen wrote.