A jury in Dallas County, after hearing nearly a week of testimony, determined a man who suffered severe and life-altering injuries after coming into contact with an Oncor utility line was a trespasser and was not entitled to any damages for his injuries.
Dustin Clough, who was working for Gardner Telecommunications at the time of the August 2020 incident, sued Oncor Electric Delivery Company in July 2022, alleging the utility company had installed an inadequate insulator, called a strain insulator, on a power pole that led to his serious burns and other significant injuries. According to court documents, the guy wire became electrified while Clough was working nearby, came into contact with him and sent 14,400 volts of energy through his body.
Oncor had argued Clough improperly, and without authorization, removed a guy wire that was supporting the utility pole.
The plaintiffs were seeking damages, including exemplary damages, totaling more than $270 million.
The jury trial started June 16, and the panel rendered its verdict Thursday evening around 6 p.m., after deliberating for about four-and-a-half hours. The jury determined Clough was a trespasser, not a licensee, on Oncor’s premises when the incident occurred, that it was not Oncor’s gross negligence that led to his injuries, and that it was instead the negligence of Clough and his employer that was the proximate cause. The jury assigned Gardner 70 percent responsibility and Clough 30 percent.
The verdict was not unanimous, with 10 of the 12 jurors agreeing.
Dallas County District Judge Maria Aceves presided over the case.
Counsel for Oncor deferred to the company for comment, which did not immediately provide a comment to The Lawbook. Counsel for the plaintiff did not immediately respond to a message seeking comment.
Clough is represented by Reed Morgan and David M. Glenn of Glenn Law Firm.
Oncor is represented by Deron Wade, Clay Cossé and Christopher Kratovil of Dykema Gossett.
The case number is DC-22-08741.