Brian Quanstrum, et al vs. Flint Electric Membership Corporation et al

Case Background

On January 18, 2023, Plaintiff Brian Quanstrum and Lisa Quanstrum, filed a Personal Injury lawsuit in the State Court of Houston County, Georgia(Case number: 2023CV0054868 ). Jason Ashford presided over this case.

Cause

The severe electrical accident that forever changed Brian Quanstrum’s life occurred on August 26, 2022, at a construction site in Warner Robins, Georgia. Before beginning any excavation work, Quanstrum’s employer, Bore More Construction, followed proper safety protocols by contacting the 811 “call before you dig” service to request utility line marking. This critical safety step was intended to protect workers from underground hazards, but a series of negligent actions led to devastating consequences.

Flint Electric Membership Corporation and Flint Energies dispatched a locator to the construction site, who allegedly cleared the area for digging. The locator assured Bore More Construction that all underground power lines had been marked and workers could safely proceed in unmarked areas. This assurance proved catastrophically wrong. An unmarked high-voltage power line carrying 7,200 volts of electricity lay just 18-19 inches beneath the surface—less than half the minimum 30-inch depth required by the National Electric Safety Code. The power line’s placement also violated industry standards by being positioned less than one foot from the roadway, instead of the required minimum eight-foot distance.

While using a post-hole digger to verify the location of a communications cable in what he believed was a safe, unmarked area, Quanstrum struck the concealed high-voltage line. The electrical current instantly surged through the metal tool and into his body. The massive high-voltage electrical shock caused immediate and severe trauma. Emergency responders rushed Quanstrum first to Atrium Health Navicent hospital in Macon, but the severity of his electrical burns required specialized care. Medical teams then transferred him to Still Burn Center in Augusta for intensive treatment.

Injuries

The electrical accident inflicted devastating injuries throughout Quanstrum’s body. He suffered second and third-degree burns across his anterior bilateral forearms and anterior left leg below the knee. His hands sustained both first and third-degree burns, requiring extensive wound care management. Beyond the visible external burns, the high-voltage electrical shock caused severe internal damage. The powerful current injured his internal organs and nervous system, leading to chronic neurological complications and ongoing pain. These injuries required intensive inpatient treatment, including specialized wound care, physical therapy, and occupational therapy.

Damages

The lawsuit sought extensive damages to address the catastrophic impact of the high-voltage electrical shock and the injuries it caused. These included compensation for substantial past and future medical expenses, lost wages, and diminished future earning capacity. They also covered the physical and emotional trauma Quanstrum endured. The plaintiffs pursued punitive damages, arguing that the Flint Defendants and Novinium showed gross negligence and conscious indifference to worker safety. Their actions and safety violations created hazardous conditions at the construction site. These failures led to life-altering injuries that could have been prevented with proper safety protocols and adherence to industry-standard installation practices.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Brian Quanstrum | Lisa Quanstrum,
    • Counsel for Plaintiff: Cale Howard Conlry | Kellye C Moore | Ranse M Partin
  • Defendant(s): Flint Electric Membership Corporation | Flint Energies, Inc. | Novinio, Inc.
    • Counsel for Defendants: Hugh Perterson III

Claims

The lawsuit targeted multiple responsible parties. The Flint Defendants breached their fundamental duty to properly mark underground utilities after receiving the 811 locate request. Their failure directly contributed to the electrical accident by providing false assurance of safety in unmarked areas. Novinium Inc., as the successor company to FlowMole Corporation and UTILX Corporation, bore responsibility for the power line’s improper installation. The placement violated both the National Electric Safety Code’s depth requirements and standard industry safety practices.

Defense

Flint EMC claimed they were not liable to the Quanstrums because they did not act negligently as alleged in the complaint. They maintained they did not breach any duty owed to the plaintiffs. The defense argued that all alleged injuries resulted from acts or failures of other persons or entities, not Flint EMC. They asserted that even if they had been negligent, which they specifically denied, their actions did not cause or contribute to the injuries described in the complaint.

The defense raised several doctrinal defenses. They argued that the doctrine of comparative negligence may have barred or diminished some or all of the plaintiffs’ claims. They claimed the doctrine of assumption of risk barred the plaintiffs’ claims. Flint EMC contended that an intervening and superseding cause led to the plaintiffs’ damages.

Regarding Brian Quanstrum specifically, Flint EMC argued that he could have avoided the alleged injuries through ordinary care. They claimed that Quanstrum and/or his employer had equal or superior knowledge of the hazard alleged in the complaint. The defense noted that they had marked the underground power line at the construction site and Quanstrum’s employer knew its location.

Flint EMC asserted that they did not commit any act constituting willful misconduct, malice, fraud, or wantonness. They denied showing oppression or an entire want of care that would suggest conscious indifference to consequences. The defense invoked O.C.G.A. §§ 51-12-31 and 51-12-33. They argued that any judgment against them should be limited to their attributable fault, if any, as determined by a jury. Additionally, they emphasized that Flint Energies, Inc. did not own any assets, had no employees, and did not own or operate the underground wires at issue.

Jury Verdict

On December 10, 2024, the jury found in favor of the plaintiffs in this case. They awarded Brian Quanstrum $2,240,000 for special damages, which included lost earnings and diminished future earning capacity. Additionally, they awarded him $4,000,000 for general damages covering past and future pain and suffering, mental and emotional distress, and loss of enjoyment of life. His wife, Lisa Quanstrum, received $500,000 for loss of consortium, companionship, and society of her husband. The total damages awarded came to $6,740,000. In their apportionment of fault, the jury assigned 98% of the responsibility to the defendants Flint EMC/Flint Energies, while Bore More Construction and Novinium, Inc. were each assigned 1% of the fault in electrical accident.

Court Documents:

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