An electrical utility company’s duty to maintain overhead power lines; Schultz v Consumers Power Co; Groncki v Detroit Edison Co; Valcaniant v Detroit Edison Co; Duty; El-Jamaly v Kirco Manix Constr, LLC

The court held that the trial court did not err by finding defendant-electrical utility company owed no duty to plaintiff. Plaintiff sued defendant for injuries he sustained when he was electrocuted by power lines while power washing near the roofline of a residential home. He claimed “defendant breached its duty to maintain its power lines and to position them in a location that ensured the safety of persons conducting reasonably foreseeable activities in the surrounding area.” The trial court granted summary disposition for defendant. In a prior appeal, the court vacated and remanded. On remand, the trial court again granted summary disposition for defendant. The court then affirmed. After it decided El-Jamaly, the Supreme Court vacated the court’s decision in this case and remanded for reconsideration. On remand, the court again found defendant owed no duty to move the power lines. As “in Groncki, ‘impos[ing] a duty to relocate, insulate, or de-energize power lines whenever third parties construct buildings near power lines would interfere with’ the public policy of providing necessary electrical power at a reasonable cost.” The power lines “were installed in 1949, and [the] home was built in 1977, almost 30 years later.” In addition, while “the record indicates that the power lines previously required repair or replacement, the record fails to indicate any previous hazardous situations involving the mere location of the power lines. Further, in Groncki, our Supreme Court acknowledged that a person’s skill, experience, and knowledge of the danger of operating equipment near power lines are relevant factors in determining the foreseeability of injury.” Plaintiff in this case “was a professional power washer with 20 years of experience who was aware of the power lines behind him. In fact, he testified that the power lines ‘[l]ooked concerning.’” Considering his “experience and knowledge of the risks involved, it was not foreseeable that he would continue to power wash the home near the roofline after seeing water ricochet off the gutter toward the power lines.” Affirmed.