The fatal incident occurred during the construction of a new housing development, when land-moving efforts significantly altered the landscape, decreasing the clearance height under the existing uninsulated power lines. These activities left the high-voltage lines exposed at a height that could be struck by other construction equipment during the project.

The firm’s client was operating a piece of equipment when the hydraulic arm, just tall enough to reach the compromised utility line, made contact, energizing the equipment, setting it on fire, and ultimately killing the operator.

Desperate for answers, the surviving family retained attorneys Ben Whitman and Don Fountain to investigate any avenue of recovery. The firm pursued claims against multiple defendants involved in the development of the construction project as well as those responsible for the placement of and monitoring of the power line during the construction project and successfully obtained several confidential settlements.