5D01-1805 Meeks v. FPL

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-1805

Case Date: 03/18/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002 LINDA MEEKS, Personal Representative of the Estate of Herbert J. Meeks, Deceased, Appellant, v. Case No. 5D01-1805 FLORIDA POWER & LIGHT COMPANY, a Florida Corporation, and BELLSOUTH TELECOMMUNICATIONS, INC., Appellees. / Opinion filed March 22, 2002 Appeal from the Circuit Court for St. Johns County, Robert K. Mathis, Judge. Robert P. Avolio and Tracy L. Markham of Avolio & Hanlon, P.C., St. Augustine, for Appellant. John R. Hargrove and Robert C. Weill of Heinrich, Gordon, Hargrove, Weihe & James, P.A., Fort Lauderdale, for Appellees BellSouth Communications, Inc. No Appearance for Appellees Florida Power & Light Company, a Florida Corporation. SAWAYA, J. Linda Meeks, the personal representative of the estate of her deceased husband, Herbert Meeks, appeals the summary final judgment entered in favor of BellSouth Telecommunications, Inc. (BellSouth) in the wrongful death action she filed after Mr. Meeks was electrocuted by downed Florida Power and Light (FPL) electric wires suspended from

a rotted-out pole allegedly owned by BellSouth.1 She argues, inter alia, that (1) the trial court erred in holding that BellSouth owed no duty to Mr. Meeks where there are questions of fact regarding the existence of a bailment of the pole to FPL and (2) the trial court erred in restricting the surviving minor child's recovery to only those years before he reached the age of 25. We agree. Factual Background On December 15, 1997, Mr. Meeks left his home situated on Poa Boy Farms Road to deliver a food platter to his daughter. Not far from his home, his path was blocked by a downed pole with live wires attached to it. The wires held the pole suspended about three feet above the road; the wires themselves drooped to within a foot of the ground. Mr. Meeks stopped his truck 50 to 100 yards from the pole. From his footprints, it was determined that Mr. Meeks got out of his truck and walked to within ten feet of the pole, at which point he was electrocuted. Mr. Meeks was pronounced dead at the scene. He is survived by his wife and by two children from a prior marriage

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