BEAUMONT – Today, the Ninth Court of Appeals reversed an Entergy 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, leading to the appeal.
The Ninth Court found the trial court erred by denying Entergy’s motion for summary judgment.
“Based on the record before us, we conclude Entergy established as a matter of law that Chapter 752 applies to the facts in this case, Plaintiffs violated Chapter 752 by performing an activity on a premises that brought Plaintiffs and their boat within six feet of a high voltage overhead power line without first making arrangements with Entergy, and Plaintiffs’ claims are extinguished due to circular indemnity,” the opinion states.
The plaintiffs argued 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.
The plaintiffs also argued 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.
Entergy is represented by attorneys Christine Shannon and Paul Scheurich.
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