FPL Liable for $24M in Teen's Electrocution Death
Plaintiffs attorneys argued the utility knew bamboo stalks in the boy's neighborhood were dangerously close to power lines.
December 27, 2017 at 03:35 PM
2 minute read
Florida Power & Light Co. is on the hook for a nearly $24 million jury verdict after the electrocution death of a Fort Myers teen.
Justin Dominguez, 15, was rendered brain-dead by injuries he suffered after climbing a bamboo stalk that hit high-voltage power lines in 2011. Attorneys for his mother argued FPL knew the bamboo posed a risk to residents and even put in a work order to remove it three years before Justin's death.
“FPL had more than 10 opportunities since 2008 to eliminate the danger to the children living adjacent to this 13,000-volt power line and failed to act each and every time,” plaintiffs attorney Ty Roland of Fort Myers said in a statement. “They broke the law. They broke their own rules. They blamed a boy for climbing a tree instead of apologizing and trying to stop it from happening again.”
Roland won the verdict with fellow Aloia, Roland, Lubell & Morgan partner Evan Lubell.
The Lee Circuit Court jury awarded Justin's mother, Tricia Dominguez, $12.5 million for her pain and suffering. Justin was assigned 30 percent of the fault, reducing the compensatory damages to $8.75 million. The jury added $15 million in punitive damages, bringing the total award to $23.75 million.
The verdict was reached Dec. 20 after a weeklong trial before Judge Geoffrey Gentile. FPL was represented by Mitchell Lundeen and Anaeli Petesco of The Chartwell Law Offices in Miami.
A spokesperson for FPL did not immediately respond to a request for comment.
The bamboo was removed from the neighborhood just this year, the plaintiffs attorneys said.
“Hopefully, this verdict will serve as a warning and prevention of any future deaths in relation to overgrown bamboo near power lines,” Roland said.
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