Gardner v. Farmers Electric Co-op. Corp.
Docket: 5-2125
Court: Supreme Court of Arkansas; September 19, 1960; Arkansas; State Supreme Court
The case involves an appeal by George Gardner, who suffered severe electrical shock while working for Allbright Brothers Construction Company. The trial court directed a verdict for the defendant, the appellee, at the conclusion of Gardner’s evidence. The central issue is whether Gardner’s evidence warranted a jury trial. The appellee sought affirmation of the judgment based on Gardner's failure to abstract testimony from the lower court, but the appellate court found that the appellee provided sufficient information to address the main issue. Gardner was injured when the boom of a winch truck he was operating contacted high-voltage distribution lines owned by the appellee, which were not compliant with the National Electrical Safety Code's Rule 232A regarding minimum clearance heights. Gardner argued that the lines should have been at least twenty feet high due to the nature of the storage yard, comparing it to a residential driveway described in the code. However, the court noted that the storage yard did not meet the specific criteria outlined in the Rule, which included situations like driveways, railroad tracks, and public streets. The court concluded that the complaint was based solely on a violation of Rule 232A, and Gardner's alternative theory of negligence was not included in his original allegations. Although there was some expert testimony presented that could have supported this theory, the court upheld objections to this evidence since it addressed a new issue not pleaded in the original complaint. The court noted that it could have allowed the introduction of a new issue but found no abuse of discretion in its decision. Ultimately, the court ruled that the safety code provision regarding residential driveways did not apply to this case, and since Gardner's counsel chose to rest on their pleadings without providing additional evidence, no reversible error was found. The appellate court affirmed the trial court's judgment.