Dempsey v. Correct Manufacturing Corp.
The plaintiff-administrator appealed a summary judgment dismissing a wrongful death suit against Fayetteville Electric System and the City of Fayetteville. The case stemmed from the electrocution of James Timothy Dempsey, an employee of a tree-trimming contractor, when a boom contacted a high voltage line. The plaintiff alleged the System's negligence and violation of safety regulations (NESC, OSHA, ANSI) created an unsafe workplace. The defendants asserted immunity and other affirmative defenses. The Court affirmed the dismissal, holding that an electric system does not bear a non-delegable duty for the safety of an independent contractor's employees performing ancillary activities like tree-trimming, nor is it liable for the contractor's safety violations. The court clarified that safety regulations for energy-carrying apparatus do not extend to the liability for a contractor's operations on other properties of the system.