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Case Name Traxler v. Entergy Gulf States, Inc.
Date 03/09/2012
Note A utility company can be held liable in tort to a moving company employee struck by a power line while riding on top of a house being transported down a residential street.
Citation 10-0970
WCC Citation WCC 16132012 TX
TRAXLER v. ENTERGY GULF STATES, INC. NICHOLAS TRAXLER, Petitioner, v. ENTERGY GULF STATES, INC. , Respondent. Nicholas Traxler suffered injuries when he was struck by a power line belonging to Entergy Gulf States, Inc. After a jury verdict favorable to Traxler, the trial court rendered a judgment for him. Question No. 1 of the jury charge asked whether the negligence of Entergy, Traxler, or Burkhart proximately caused injury to Traxler. The jury found that Traxler, Burkhart, and Entergy were all negligent, assigning percentages of responsibility at 10%, 46%, and 44%, respectively. Traxler contends that Entergy negligently told house movers they did not need to contact Entergy if the load was under 17 feet in height.

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