ILNews

Electric cooperative owed no duty to injured contractor

Back to TopCommentsE-mailPrintBookmark and Share

An independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.

Harold Haggerty worked for C&K Industrial Services, which contracted with Hoosier Energy to provide vacuuming and other services at a generating station in Sullivan County. While Haggerty and a co-worker were vacuuming dust from the station on Nov. 1, 2008, the co-worker lost control of his end of the hose, which hit Haggerty in face, causing pain and bleeding. Hoosier Energy didn’t own or control any of the equipment used by the men that evening.

Haggerty sued Hoosier Energy for negligence; the Sullivan Superior Court granted summary judgment in favor of the cooperative.

The general rule in Indiana is that a principal isn’t liable for the negligence of an independent contractor, but five exceptions to this rule are recognized. Haggerty alleged that four applied: where the contract requires the performance of intrinsically dangerous work; where the principal is by law or contract charged with performing the specific duty; where the act will create a nuisance; and where the act to be performed will probably cause injury to others unless due precaution is taken.

But there isn’t anything inherently dangerous about vacuuming dust and the work being performed that evening would not be considered a nuisance, Judge Rudy Pyle III wrote in Harold Haggerty v. Hoosier Energy Rural Electric Cooperative, Inc.; Merom Generating Station, 77A01-1206-CT-293.

Hoosier Energy couldn’t have reasonably foreseen or prevented the accident and the contract Hoosier Energy had with C&K did not show that the energy cooperative had control of Haggerty and his co-worker and were responsible for Haggerty’s safety.

“Because Hoosier Energy successfully negated the element of duty in Haggerty’s negligence claim, we find the trial court did not err in granting summary judgment in favor of Hoosier Energy,” he wrote.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT