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Wolfenberger v. Houston Lighting and Power Co.

Because testimony indicated that the plaintiff was found eight feet away from the electrical line that had shocked him, a reasonable juror could infer that the man was more than six feet away and the time of the accident; in that case, he would not have to indemnify the defendant power company, even if he were a "person responsible."

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OPINION

Ronnie Wolfenberger and Julie Wolfenberger (together, “the Wolfenbergers”) sued appellees, Houston Lighting & Power Company (“HL&P”) and Greater Houston Pipe, L.C. (“GHP”), alleging negligence, trespass, and gross negligence in connection with an injury that Ronnie sustained from a power line. The Wolfenbergers also alleged that HL&P was liable for negligence per se and nuisance. Julie Wolfenberger, Ronnie’s wife, sought relief for loss of consortium. Both HL&P and GHP moved for summary judgment. The trial judge granted both parties’ motions and rendered a take-nothing judgment for appellees. We affirm the judgment in part, reverse it in part, and remand the cause.

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