Steve McGarity was injured when he made contact with a live electrical wire while visiting real property that was being advertised for sale. McGarity filed a personal injury action against Hart Electric Membership Corporation HEMC, which had installed and maintained the electrical wire on private property on which it had an easement, alleging that HEMC had negligently maintained and inspected the wire. HEMC moved for summary judgment, arguing that McGarity was a trespasser and therefore it was not liable because it did not wantonly and wilfully injure him; that it lacked actual or constructive knowledge of the condition which caused McGarity’s injury; and that its policy of inspecting its electrical equipment every eight to ten years, a policy with which it complied in this case, was reasonable as a matter of law. The trial court granted the motion, holding that McGarity was, at best, a licensee, and that, as such, McGarity had failed to create an issue of fact as to whether HEMC wilfully or wantonly injured him or that HEMC breached a duty owed to him. McGarity appeals. For the reasons that follow, we reverse. We review de novo a trial court’s grant of summary judgment, construing the evidence in a light most favorable to the nonmoving party. To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the nonmovant’s favor, warrant judgment as a matter of law.1 Viewed in favor of McGarity, the record shows that on the morning of April 23, 2006, McGarity and a worker he hired to help him move household goods were en route to a store when the worker told McGarity he needed to use the restroom. McGarity told the worker, “I know a spot and I want to look at it anyway, it’s for sale.” McGarity suggested that they drive into a nearby subdivision, as he wanted “to look at some lots while it was convenient.” McGarity was “always thinking about buying lots” on which to place mobile homes, and a road sign indicated that there were lots available for sale in the subdivision. They drove into the subdivision and got out of the car. As McGarity got out of the car he saw “just ahead,” in an area overgrown with grass and weeds, an object that looked like a bicycle handlebar. McGarity walked over to the object and moved his foot around it to knock down the weeds; he did not realize it was an electrical wire. He “hit it” with his foot and then felt severe pain. McGarity suffered burns to his leg and was rushed to a hospital emergency room and then airlifted to a burn center. The worker testified that after McGarity got out of the car, he heard a “boom,” saw a flash of light, and saw McGarity airborne. He did not see the wire before McGarity made contact with it, but he saw it immediately thereafter. The worker stated that there was no box or concrete surrounding the wire and that it did not appear that anything had been around the wire for quite some time.
A sheriff’s deputy testified that he went to the scene of the incident shortly after it occurred. The wire was located about ten to twelve feet from the roadway and protruded about two and a half feet out of the ground. Vegetation surrounding the wire was thick. The deputy testified that he saw no concrete pad or box in the area.
