Traxler v. Entergy Gulf States, Inc.
376 S.W.3d 742
Tex.2012Background
- Traxler was moving a house in Bridge City, Texas, riding atop a portion of the house when struck by an Entergy line, causing injury from fall and electrical shock.
- The line was about 20 feet above ground; the house roof peak was about 17 feet high.
- Traxler sued Entergy and Burkhart Moving Co. for negligence, including negligence per se; Burkhart settled but its negligence was submitted to the jury.
- The jury found Entergy and Burkhart negligent; Entergy’s share of fault was 44%, Burkhart 46%, Traxler 10%.
- The court of appeals reversed, holding Section 181.045 did not apply because the line was a distribution line, not a transmission line.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 22-foot height requirement applies to this line | Traxler: line falls under 181.045(b)(2) | Entergy: line is distribution if not transmission; no 22-foot duty | Yes, 22-foot applies to the line under 181.045(b)(2). |
| Whether transmission and distribution are distinguishable in the statute | Common meaning treats both terms as interchangeable | Technically distinguishes; scope narrower | They are not technically distinguished; common meaning controls. |
| Whether common-law negligence under Chapter 752 can support liability | Entergy improperly advised movers; breach of Chapter 752 duty | No duty to control others or undertake the mover's duties | Common-law negligence theory viable; no Casteel problem on this point. |
| Whether a broader Casteel issue tainted the verdict due to mixed theories | No improper mixing of valid theories affecting the jury verdict | Potential Casteel problem if invalid theories were decisive | No Casteel harm; valid theories supported the verdict. |
Key Cases Cited
- Tex. Power & Light Co. v. Jacobs, 323 S.W.2d 483 (Tex.Civ.App.-Waco 1959) (held 22-foot clearance applicable to lines crossing roads)
- Tex. Louisana Power Co. v. Webster, 91 S.W.2d 302 (Tex. 1936) (recognized historical 22-foot requirement under statutes)
- City of Mason v. W. Tex. Utils. Co., 237 S.W.2d 273 (Tex. 1951) (statutory clearance interpreted broadly for lines on rights-of-way)
- Tex. Power & Light Co. v. Holder, 385 S.W.2d 873 (Tex.Civ.App.-Tyler 1964) (treatment of transmission vs. distribution lines under Article 1436a)
- Crown Life Ins. Co. v. Casteel, 22 S.W.3d 378 (Tex.2000) (Casteel procedural standard for harmful submission of theories)