BEAUMONT – Entergy is looking to appeal a summary judgment loss in a lawsuit brought by two men claiming they were injured by an energized power line while navigating Hurricane Harvey floodwaters.
The lawsuit was filed by David Woollen and Wayne Hill. The men allege Entergy owed them a duty to protect and prevent injury during Harvey rescue operations.
In late August 2017, Harvey dropped historic rainfall over Southeast Texas.
On Aug. 31, 2017, the plaintiffs were navigating their boat through floodwaters when they passed between houses and came into contact with a high voltage overhead power line.
The plaintiffs claim Entergy failed to take precautions to protect rescuers from electrocution by failing to de-energize power lines in flood areas.
Entergy responded to the suit by asserting the plaintiffs violated the Texas Health and Safety Code, Chapter 752, when they decided to perform an activity where it was possible to place themselves and their equipment within six feet of a high voltage overhead power line without first making arrangement with Entergy.
Court records show Entergy filed a motion for summary judgment, which the trial court denied.
On Dec. 29, Entergy filed a petition for permissive appeal. On July 8, the case was set for submission and oral argument before the Ninth Court of Appeals on Aug. 26 at 10 am.
In a reply brief, the plaintiffs assert that Entergy was aware as early as Aug. 24, 2017, that boat rescues would be occurring, as evidenced by a press release in which it advised caution when navigating boats in flooded areas around power lines.
“Knowing that rescues would be ongoing, Entergy did not take necessary steps to ensure the safety of citizens by de-energizing all of the power lines in the all flooded areas, although they did de-energize in some areas,” the brief states.
The plaintiffs also argue that it is absurd to apply the Health Code statute to a boat involved in rescue operations.
The plaintiffs are represented by Jeffrey Roebuck of Roebuck Thomas & Adams and John Cowan of Provost Umphrey.
Judge Mitch Templeton, 172nd District Court, is presiding over the case in the trial court.
Appeals case No. 09-20-00297-CV
Jefferson County District Court case No. E-202405