Brief Fact Summary. The Plaintiff-Appellant, Geraldine Kroger (Plaintiff-Appellant), as administratrix of the estate of James Kroger (Decedent), brought suit based on diversity jurisdiction for damages resulting from Decedent’s wrongful death by electrocution.
Synopsis of Rule of Law. The plaintiff in a wrongful death suit by electrocution cannot name as the sole defendant the previous owner of the electrical lines, where defendant owed no duty to the plaintiff, the breach of which would give rise to liability.
Issue. Whether a plaintiff could properly name as the sole defendant in a wrongful death case a party who did not own the power lines causing the death at the time of the accident?
Held. No. The Court of Appeals for the Eight Circuit affirmed. Defendant-Appellee had no duty to maintain the lines, had not been requested to discontinue the flow of electricity on the date of the accident and had not been put on notice that a crane was being operated in the vicinity of the lines. As a result, there was no duty owed by Defendant- Appellee the breach of which would give rise to liability.
Summary judgment proceeding does not provide a very satisfactory approach in tort cases.View Full Point of Law