AUGUSTA - In a strong bipartisan vote, the Maine House advanced a proposal on Tuesday from Rep. Seth Berry, D-Bowdoinham, that would limit liability exemptions for electric utilities when their negligence of overhead high-voltage lines contributes to personal injury or damage to facilities. The vote was 101-33.
LD 840 would create greater parity between electric and gas utilities regarding their liability for the hazards associated with their infrastructure. Currently, electric utilities receive an exemption in state law that most other businesses do not share.
The bill stems from a 2002 incident in which Bryan Smith, an 18-year-old boatyard worker in Penobscot, was nearly killed and suffered permanent injuries from contact with a Central Maine Power (CMP) line that was kept at 30 feet of clearance, despite repeated requests to move it to the legally required 45.5 feet. CMP was at first required by the courts to pay over $6 million in damages, but that decision was later reversed by the Maine Supreme Judicial Court on a technicality. In its 2013 opinion, the court determined that CMP could not be held responsible for damages.
"Under current law, negligent management of highly dangerous infrastructure is unlikely to result in any consequences for electric utilities, even when a trial clearly establishes their negligence," said Berry. "This bill will make all utilities liable according to their share of the responsibility."
Andrea Devereux, who owned the boatyard at the time of the accident, and Barry Mills, the lawyer who represented the boatyard in the cases, each testified in support of the bill before multiple legislative committees earlier this year.
"I would give anything to be able to turn back the clock and somehow prevent Bryan's electrocution, but I cant, said Devereaux. "I am just here today because I hope you will change the law for the future, so that CMP at least shares a little bit more responsibility for the hazards their lines can create when they are poorly and illegally maintained. Maybe then a future tragedy like this will be prevented."
"I know of no other instance in our law that provides that when the combined negligence of two or more persons or corporations causes injury, that only one is responsible," said Mills.
LD 840 faces additional votes in the coming weeks.
Berry represents House District 55, which includes Bowdoin, Bowdoinham, Swan Island and most of Richmond. He previously served from 2006 to 2014, the final two years as House majority leader, and returned to the House in 2016.
Contact:
Jackie Merrill [Berry], c. 812-1111