Keven M. Shepard vs. Eversource, LLC

Case Background

On February 7, 2020, Plaintiff  Keven M. Shepard filed a Negligence lawsuit in the Connecticut Superior Court, Waterbury Judicial District (Case number: UWY-CV20-6053217-S). Kimberly Massicotte presided over this case.

Cause

Eversource LLC operated and maintained an excavation site at 133 Morning Dove Road in Naugatuck, Connecticut, from its headquarters at 400 Northridge Road in Sandy Springs, Georgia. On June 18, 2019, at 8:04 a.m., an excavator bucket severed an unmarked primary power line, electrocuting Keven M. Shepard. When the incident occurred, he had been working in a three-foot trench for water line replacement. Investigators found that the power line was located seven feet and eight inches away from its marked position, creating a hazardous underground utility accident at the construction site.

Injuries

The workplace electrocution caused severe trauma to Shepard, requiring immediate transport to Waterbury Hospital. The power line injury resulted in tetany, weakness, and muscle spasms in his lower extremities. Medical evaluations confirmed minor lower lumbar spondylosis with central spinal stenosis at the L4-L5 level and neuromuscular denervation. The electrical accident also reduced his hip and knee mobility, caused persistent nausea and headaches, and inflicted permanent damage to his nerves, muscles, and soft tissues. Shepard’s nervous system sustained significant shock, leaving him with long-term impairments.

Damages

The excavation injury led to substantial medical expenses, including emergency care, diagnostic tests, x-rays, MRI scans, physical therapy, and aquatherapy. The trench safety violation created ongoing medication costs and required continued treatment. Shepard’s quality of life diminished as construction safety negligence limited his ability to engage in regular activities. His workplace injury lawsuit anticipated future medical expenses and life-long limitations.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Keven M. Shepard
    • Counsel for Plaintiff: John J. Houlihan, Jr.
  • Defendant(s): Infrastructures, LLC |  The Connecticut Light and Power Company d/b/a Eversource Energy
    • Counsel for Defendants: Amy Leete Van Dyke | Lauren E. Mansfield | Richard L. Street

 

Claims

Shepard’s lawsuit accused Eversource LLC of multiple instances of negligence. The company violated Connecticut General Statute § 16-351 by improperly marking underground facilities and breached Connecticut State Agency Regulation § 16-345-3(a)(8) by keeping inaccurate records of underground utilities. Eversource failed to use advanced techniques to mark underground facilities and violated § 16-345-3(b)(2) by not providing on-site assistance as required. The company’s inadequate safety practices enabled the workplace electrocution. Despite being responsible for identifying and addressing hazards, Eversource left the unmarked power line uncorrected, allowing dangerous conditions to persist.

Riscassi & Davis, P.C. filed this workplace injury lawsuit on February 3, 2020, in the Superior Court of the Judicial District of Waterbury. They sought damages exceeding $15,000, excluding interest and costs. This construction site accident underscored critical violations of safety protocols and highlighted the devastating effects of improper utility line marking.

Defense

Eversource Energy Service Company defended against Shepard’s claims with several arguments. For the First Count, they stated it was not directed at them and gave no response. For the Second Count, they admitted Paragraph 1 but denied Paragraph 2. They claimed insufficient knowledge of allegations in Paragraphs 3-5, leaving the Plaintiff to prove his claims, and denied Paragraphs 6-9 entirely.

Regarding the Third Count against The Connecticut Light and Power Company (d/b/a Eversource Energy), they admitted to owning the underground power line struck during the accident but denied most other allegations. They maintained insufficient knowledge of Paragraphs 3-5 and denied Paragraphs 6-9.

In their First Special Defense to the Second and Third Counts, they argued that the accident occurred due to Shepard’s own negligence. They claimed Shepard worked near energized power lines without taking reasonable precautions and operated dangerously close to the excavator and conductors. Eversource contended that Shepard and his employer held sole responsibility for safety at the excavation site.

Jury Verdict

On November 20, 2024, the jury ruled in favor of Shepard, awarding him $2,000,000 in damages. The jury allocated $500,000 for past non-economic damages and $1,500,000 for future non-economic damages. They found Shepard bore no responsibility (0%) for the incident, rejecting Eversource’s claims of contributory negligence.

Court Documents:

Complaint

Answer

Jury Verdict