Vincent v. CenterPoint Energy Indiana South
Case Background
Tony Vincent filed a personal injury lawsuit against CenterPoint Energy Indiana South after being electrocuted by a utility pole maintained by them. The case was filed in the Indiana Circuit Court, Vanderburgh County. Judge David D. Kiely presided over this electrocution lawsuit. [Case number: 82C01-2101-CT-465]
Cause
In April 2020, Tony Vincent lived at a residence on 114 Mulberry Street in Evansville. An alley behind the house contained a utility pole that Southern Indiana Gas and Electric Company, operating as CenterPoint Energy Indiana South, owned and maintained.
Unknown to Vincent, the protective sheathing around the electrical wires to the pole had deteriorated, exposing live wires. These wires had also sagged and were in contact with the pole, causing the pole to become energized.
Additionally, the copper ground wire had been removed from the pole. This led to an incident on April 22, 2020, when Vincent received an electrical shock from the pole and was injured.
Injury
Vincent claimed to have suffered injuries in several areas, including his urological, neurological, and psychological health due to the electrocution,
Damages
Vincent sought damages for the injuries and medical expenses caused by the negligence of the Defendant in the maintenance of the utility pole.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Tony Vincent
- Counsel for Plaintiff(s): Lane C. Siesky | Robert T. Garwood
- Experts for Plaintiff(s): Paul Thogersen | Dr. Daniel Brown
- Defendant(s): Southern Indiana Gas and Electric Company dba CenterPoint Energy Indiana South.
- Counsel for Defendant(s): Patrick A. Shoulders | Keith W. Vonderahe
- Experts for Defendant(s): D. Bill Samm | Dr. Caryn Vogel | Troy Little
Claims
Vincent filed a lawsuit against CenterPoint, accusing it of failing to inspect and maintain the power line.
Defense
CenterPoint defended itself in the case and initially pointed to a third party, Davis H. Elliot Construction Company, Inc., as partly responsible for the incident. Based on this, CenterPoint filed a third-party complaint against Davis H. Elliot Construction, which responded with a counterclaim against CenterPoint.
The two parties eventually reached an agreement and dismissed their mutual claims. As a result, the litigation continued only against CenterPoint with respect to Vincent’s claim
CenterPoint denied breaching any duty to Vincent and denied causing his injuries. Specifically, CenterPoint raised defenses of incurred risk, intervening cause, and comparative fault.
Expert Testimony
The Plaintiff’s experts included Paul Thogersen, an engineer from Indianapolis, and Dr. Daniel Brown, a specialist in occupational medicine from Evansville. The defense experts included D. Bill Samm, a urologist from Evansville, Dr. Caryn Vogel, a psychiatrist and neurologist from Indianapolis, and Troy Little, an expert in fire and explosion investigation and engineering from Baton Rouge, LA.
Jury Verdict
The case was tried over three days in Evansville. On November 20, 2024, the jury ultimately returned a verdict, assigning 85% of the fault to CenterPoint and 15% to Vincent. The jury set Vincent’s total damages at $120,000. After applying the comparative fault reduction, the final award was $102,000.
Court Documents:
Documents are available for purchase upon request at jurimatic@exlitem.com
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