California Court of Appeal

Ramirez v. Nelson, B179275

Verdict in wrongful death case, finding homeowner's negligence was not a substantial factor in worker's electrocution, is reversed where trial court erred in refusing a jury instruction based on Penal Code section 385, which makes it a misdemeanor for any person, either personally or through an employee, to move any tool or equipment within six feet of a high voltage overhead line.

Appellate Information

• Decided 04/18/2006
• Published 04/18/2006

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• William L. Veen, Kevin Lancaster and Mary Anne Bendotoff, San Francisco, for Plaintiffs and Appellants.


• For Appellees:
  
• Henderson & Borgeson, Daniel E. Henderson, III, and Jill L. Friedman, Santa Barbara, for Defendants and Respondents.