4th Cir. Seeks Input on Liability in Virginia’s High Voltage Law

The high court of Virginia is tasked with determining who might ultimately be liable for the death of a worker who was electrocuted by a power line while repairing a radio tower.

A&N Electric Cooperative, owner of the power line, settled a wrongful death suit with the worker’s estate for $800,000 and is now seeking compensation from two entities—Allstate Tower Inc. and Dietzel Enterprises Inc., the parent company and employer of the worker. A&N’s claim of indemnity turns on two provisions—the exemption and indemnification clauses—in the state’s Overhead High Voltage Line Safety Act.

There is no controlling precedent to answer ...