DALLAS - On Monday the Fifth Court of Appeals affirmed a summary judgment ruling in favor of AT&T Texas in litigation brought by a man claiming he received an electrical shock because of the company’s alleged negligence.
The suit was brought by Adam Wells, who alleges he was injured because AT&T failed to exercise reasonable and ordinary care while working with insulated wire on or near a utility pole and power lines.
According to the opinion, an AT&T employee threw a Johnny ball attached to a 20-gauge copper insulated wire over a tree but overshot it and contacted a chain link fence, energizing it. At the same time, Wells was leaning on a chain-link fence. He heard a “loud pop” in the power lines above him and felt a shock run through his body.
AT&T filed a no-evidence motion for summary judgment, which the trial court granted, court records show.
On appeal, Wells argued the trial court erred in granting AT&T’s motion for summary judgment because expert testimony is not required to prove AT&T’s negligence; and that he was not given adequate time for discovery.
The Fifth Court affirmed, finding that Wells did not present any evidence that if a fence is electrified, the utility company must necessarily be negligent.
Justices further concluded that Wells waived his argument regarding an adequate time for discovery and cannot show the trial court abused its discretion by ruling on the motion.
Appeals case No. 05-23-00004-CV