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Jury orders Ameren to pay $2.3 million to families of teens
 

 

Subject - Jury orders Ameren to pay $2.3 million to families of teens

March 6, 2009
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Jury orders Ameren to pay $2.3 million to families of teens

Mike,

Here is the newspaper article concerning the electric shock drownings. You will notice the comments at the bottom are heavily weighted in the favor of AmerenUE. That’s because the article merely states that the line under the lake was the cause. Nothing was said that it wasn’t the underground energized lines that were the problems but rather the non-existent concentric neutrals at two locations right at the lake. As I mentioned to you I will write up a summary of all of the tests that I made along with the irrefutable conclusions, hopefully in a week or so. I’ll send you a copy when completed. I appreciate your help in this. Sometimes I feel like Don Quixote fighting the windmills with a wooden sword, but at last we have managed to get the word out that these stray currents are dangerous.

Don Johnson

Mike Holt’s Comment: Don Johnson was the electrical engineer representing the families.

image

March 5, 2009 - Attorney Brooks Kenagy, center, hugs Tracy and Ginger Jones outside the Jefferson County Courthouse. The Joneses own the house on Spring Lake south of De Soto where four teenagers were injured three years ago. The jury found in favor of the three families involved in a lawsuit against Ameren UE. The teenagers jumped off Jones's dock into electrified water. (J.B. Forbes /P-D)

ST. LOUIS POST-DISPATCH
03/06/2009

HILLSBORO — Families of three teenagers involved in an electrical accident three years ago wept and embraced Thursday as they heard a Jefferson County jury recommend that AmerenUE pay them a combined $2.3 million.

On March 18, 2006, Nic Harbison, then 16, Morgan Milfeld and Tim Fitzpatrick, both then 15, and Joshua McClure, then 18, jumped into Spring Lake just south of De Soto. The teens had been sitting in a hot tub at a friend's home in the Summer Set subdivision, about 5 miles south of De Soto. Shortly after hitting the water, the teens became immoblized by an electric current.

Nic Harbison drowned, the others were resucitated.

Harbison's father, Jerry "Jay" Harbison, filed a wrongful death lawsuit against Tracy and Ginger Jones, who owned the dock from which the kids jumped, and against AmerenUE. He dropped the suit against the Joneses in October.

Milfeld and Fitzpatrick also filed suits against Ameren for injuries they suffered.

The cases against the utility company were tried together over nine days. The jury deliberated for 1 ½ days and voted 9-3 in finding that Ameren's cable under the lake caused the current that paralyzed the swimmers.

The jury awarded $1.25 million to the Harbisons; $725,000 to Fitzpatrick and $350,000 to Milfeld. Fitzpatrick is now 18 and a senior at De Soto High School. Milfeld, 19, plays soccer for Webster University.

AmerenUE spokeswoman Susan Gallagher said the company does not plan to make any changes to the underground cable at the lake in light of the jury's decision.

"We do not believe our electrical facilities present any hazards," she said, adding that the company has not decided whether to appeal the ruling.

AmerenUE attorney James Virtel brought in experts and utility company employees who testified that the dock was the source of the stray voltage that immobilized the teens.

"We appreciate the jury's hard work and attention, but we're very disappointed in their decision," Virtel said. "We believe from the evidence and the science of electricity that our underground system did not cause the electricity in the water that immoblized these teenagers."

Lawyers Maurice Graham, Michael Williams and Brooks Kenagy represented the families.

"It was obviously a difficult decision for the jury as evidenced by requiring two days of deliberation," Graham said. "The Fitzpatrick, Milfeld and Harbison families are relieved to have this behind them."

As an expression of that relief, some family members gathered on the dock after the verdict and threw flowers into the water.

By Christine Byers

http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/E2257DB6FC27C882862575710017D280?OpenDocument

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Comments
  • I can't wait for "the rest of the story".

    Brad Darnell
    Reply to this comment

  • Very sad story, I dont understand why the POCO would blame the dock for the stray voltage though.

    Shamsdebout
    Reply to this comment

  • 2.3 million is not enough in my opinion. If I lost one of my children like happened here they would pay more one way or the other. Then to make a statement the they are not going to fix the problem is really a major insult to the common sense in all of us. What happens to the next person that jumps into the water?

    Hvac1000
    Reply to this comment

  • Hi Don Johnson--I have copied a quote in your e-mail to Mike and placed it here, for discussion;

    "-the article merely states that the line under the lake was the cause. Nothing was said that it wasn’t the underground energized lines that were the problems but rather the non-existent concentric neutrals at two locations right at the lake."

    The questions I have are as follows;

    Was the underground concentric neutral damaged when it was installed or was it bare concentric neutral that was damaged upon installation, damaged by an accidental contact or was the concentric neutral destroyed by corrosion over time?

    Has the primary underground been repaired or replaced?

    Did the young men that survived, testify as to their being shocked and the effects to them?

    Who where the utility "experts" that testified the lack of a concentric neutral DID NOT cause the electrocution?

    If it was a bare concentric neutral primary underground, did the design engineer responsible for the installation, testify as to his reasoning for installing the bare concentric neutral primary underground?

    If the primary underground has not been replaced or repaired, isn't it still a dangerous installation, with the potential for others to be killed or shocked?

    I look forward to your report on the case and it is my sincere hope that Mike publishes it for us to read.

    Chuck Untiedt
    Reply to this comment

  • How did the power company get a right of way to drop a power line in the water? Isn't there a code requiring a proper ground at each end?

    Mike Dooley
    Reply to this comment
  • Reply from: Don Johnson   
    Mike, You're correct in that the National Electrical Safety Code (NESC) requires a continuous concentric neutral for the entire length of the high voltage underground cable. The problem is that if the neutral corrodes and essentially goes away then these neutral currents find all other low resistant paths, in this case the lake. The problem with the multi-grounded electric utility system in this country is that as the electric loads continue to increase, and since the electric utilities continue to use the earth as a parallel path to the neutral conductor, the currents through the earth will also continue to increase. This accident is, in my opinion, just the start of electric utility problems with stray currents. Dairy cow problems was the start and now stray currents are having a dramatic effect even on humans. Just the tip of the iceberg? You betcha!
    Reply to Don Johnson


  • I KNOW this is not going to be a popular reply, but lawsuits like this are reflective of what's wrong with this country.

    No personal responsibility.

    There were signs posted stating no swimming.

    What difference does it make how the accident happened? If you take away the fact the kids made a choice to break the law, there would be no drowning.

    Yes, I also have made dumb choices in my youth, and still occasionally make dumb choices. But I am responsibile for those choices; I don't go around looking for deep pockets to sue for my choices.

    There is no difference in this case than in the one where the 2 kids climbed over the utility substation fence, started horsing around on the electrical equipment, and were killed. Parents sued the utility and won some money because the locked chain-link fence with posted "keep out high voltage" sings attached was not "secure" enough to keep the kids out.

    It is a tragedy; there is suffering; there is - and will continue to be - pain.

    But none of that relieves the responsibility of the kids involved for the choices they freely made.

    Choices have consequences. A wise person once said "There is a choice you make, in evertything you do, and the choice you make, makes you."

    Choices are life. There are no guarantees, and there is no one responsible for compensating you when you make a wrong choice. That is a hard lesson, but it is reality. It is life.

    Again, I know this will not be popular reply, and I fully expect to be attacked personally for being so cold and unfeeling. I am willing to accept that, as I believe it is a greater injustice to fail to pass on the natural laws to the generation who will inherit this country than it is to try to throw money at every bad choice others make in their lives in order to feel good.

    We owe it to our children to be responsible and self-reliant.

    My heart and prayers go out to those affected; hopefully they will learn from their mistakes. Unfortunately this court decision only reinforces the attitude that someone else is responsibile for our choices.

    Thanks for tolerating another point of view.....

    mike
    Reply to this comment

  • First and Foremost let me say my Heart goes out to the families for their tragic losses. Any death by negligence just shouldn't happen in our safety conscious society.

    So they would have you believe that stray voltages come from wooden docks, or even a metal dock. Yeah right, try shutting off the underground line for 1/2 hour and see it the stray voltage doesn't just disappear. To attach blame to a dock is just plain senseless. Keep up the great work Don and Mike the families deserve it at the very least.The money damages are nothing to compensate for the life lost or the suffering, it should have sent a strong message to the utility to correct the situation. It can and will happen again to more children swimming there. what are they going to do, close the lake and fence it in?? I was stunned to read though that the utility plans no change for their power line. Despite the fact that I also read that Mike stated their line is missing "concentric neutrals" . Might the presence of these Concentric neutrals canceled the stray voltages?? A properly installed high voltage power line should not kill kids...

    Don Hartley, Hartley Electric NY
    Reply to this comment
  • Reply from: Jim Shafer   
    Don, You have a lot of knowledge I do not have but after working on this problem for over 8 years I have a developed a list (the only such data base in existance) of over 120 accidents, including 42 fatalities, caused by faulty bonding on boats AND docks. "Stray Voltage" from wooden docks and fiberglass boats DOES kill! You are welcome to my list : kp2r@bellsouth.net - and so is everyone else. This Newsletter has published the list twice in the last few years. For your information I'm investigating at this time an "electric shock drowning" that occured at the end of a metal frame wooden dock last fall. I've acted as expert witnes in over a dozen of theses cases. Mike - Now 10 days since by-pass surgery, doing fine and thanks for your prayers Jim
    Reply to Jim Shafer

    Reply from: Don Hartley, Hartley Electric, NY   
    You are right Jim the source could have been the dock if it had power on it and wasn't properly wired. One would think though in this case that the lack of concentric neutrals here would point more toward the power line in the lake than the dock, as the source. Also it would be so easy to shut off the dock power( if there even is power to this dock) to determine the actual source of the stray voltage in the first place.
    Reply to Don Hartley, Hartley Electric, NY

    Reply from: Don Johnson   
    Don, We did check the dock thoroughly and there were no problems with the wiring. Also the initial stray voltage measurements were taken just a few days after the accident by the electric utility. They measured instantaneous voltage measurements of 4.2 volts from the dock ground to the water. These measurements were taken during the middle of the day when the load currents and the resulting stray voltages were at the lowest. Then 10 days after the accident the electric utility placed a recording voltmeter and recording ammeter in numerous locations including from the water to the dock grounding system. During this recording period they measured voltage surges up to 8.6 volts and current surges up to 1.4 amps. All of these measurements were taken with the dock energized. Approximately November of 2006 the dock wiring was totally removed and the dock was even moved to a slightly different spot approximately 20 feet north of its original location. During my measurements the following year I measured up to 6.2 volts on my recording voltmeter using a 500 ohm shunt resistor from a ground rod stuck off the end of the dock into the lake water and bed back to the electric utility ground. This measurement occurred during the evening hours when the electric load was the highest. There were also multiple measurements well above 5 volts. Since the dock wiring was not even installed these stray currents and resulting voltages could not have been coming from the dock. As I mentioned previously using the human body resistance of 300 ohms when immersed in water and using the starting level of current through the human body necessary to cause loss of muscle control of 6 milliamps as specified in OSHA tables, the resulting voltage necessary to cause loss of muscle control is only 1.8 volts. As you can see my measurements were well above that level and the only possible source was the stray currents in the lake. It was also very evident from numerous other measurements that I made all around the lake that the lack of concentric neutrals in two strategic locations under and near the lake was the cause. These measurements were shown to the jury and obviously they were convinced that the electric utility was at fault. The electric utility continued to blame the dock for these currents even though we showed the same high currents and voltages even without the dock even being wired. Jim Shaefer is correct in that improperly wired docks can be a cause of stray currents in the water, resulting in electric shock drownings, but stray currents as a result of poor electric utility concentric neutral return current paths can also be a cause. Such was the case in this instance.
    Reply to Don Johnson

    Reply from: Bilton Bryan   
    Very thorough coverage, but am I to understand that when the Dock was wired it did have some stray voltage effects? I ask this because your readings were lower then the dock was unconnected.


    Reply to Bilton Bryan

    Reply from: Don Johnson P.E.   
    Bilton, As far as I could tell the dock had no contribution to the stray voltage at all other than it was such a good ground tied back into the utility grounding system it actually attracted the currents in the lake. The currents did vary continually throughout the year and also varied as the seasonal loads changed on the electric utility system. In addition when the accident happened there had been a lot of rainfall several days preceding the accident. This caused the lake to be quite muddy which typically causes the water to be more conductive. All of these factors contributed to the accident. The main thing to realize is that according to my research a voltage as low as 1.8 volts is all that is necessary to cause of muscle control (6 ma @ 300 ohms body resistance). With the dock disconnected my measurements reached nearly 6.2 volts to ground in the vicinity of where the kids were swimming. The only possible source was the electric utility earth return currents.
    Reply to Don Johnson P.E.

    Reply from: Don Hartley, Hartley Electric, NY   
    And you would have convinced me had I been on that jury. Once the dock power was eliminated from the equation ( proven safe and wired correctly) there can be only one other source, the line in the lake. It really boils down to basic troubleshooting and using the process of elimination. You do great work by the way.
    Reply to Don Hartley, Hartley Electric, NY

    Reply from: Jim Shafer   
    Don, Very good informaton but I have a comment. We spent a year under a USCG grant to study the phenomenon that caused the 40 fataities we had observed and listed ("electric shock drownings" in fresh water - our coined term). The study is 165 pgs., rather long but quite complete, and with full references. I beleive the USCG would make a copy available or I can mail one for an out of pocket cost of about $45. Based on quite a bit of available literature the nominal voltage gradient (some may say step voltage) of two volts per foot will induce the "let-go" current level in a semisubmerged (swimming) child, cause muscle paralysis, and immediate sinking in fresh water. I have investigated about 6 of these. The absolute voltage from a ground to any random point in the water is not really relevant, although those are the only type of measurements you mention.We must know the gradient. Between two electrodes in fresh water the field looks like a foot ball with the gradient becoming greater as you approach each electrode. (note that the current between any two electrodes depends almost entirely on the water contact area - we have plenty of data on that). Consider this - If you had a very large electrode ( the length of the damaged and shreaded cable neutral) this would represent a very large contact area and would exibit a very LOW GRADIENT anywhere along the lengh of that electrode, and likely not lethal.The same applies to virtually anywhere on the lake. If the dock, on the other hand, had a good bonding system to the utility (as was stated) and it was connected to the dock frame or ladder this would repesent a very small electrode, by comparison, and almost surely have a close-in lethal gradient area (2 v/ft - small end of the foot ball). We actually simulated this in more than 6 different tests detailed in our report, and it is a fact. While ALL of our listed fatalities were caused because of faulty bonding here is the exception - if the dock had NOT been bonded, as stated, the swimmers would likely have only experienceded some discomfort, as many people do in home pools and outdoor showers (cows also if you have studied that problem). There is a lot more to say about this problem and anyone is welcome to ask me questions - but i don't type so expect short answers. I have spent over 8 years reseaching this specific problem. Respectfully Submitted- Jim Shafer (kp2r@bellsouth.net)
    Reply to Jim Shafer

    Reply from: Don Johnson   
    Jim, I appreciate your comments on this. And I'm sure you're correct in your analysis. In this case the dock was very well grounded and when the electric utility first measured the 4.2 volts from the water to the dock frame the distance was approximately 2 ft. away from the aluminum dock ladder which was in the water according to the persons that made the measurement. I understand that they merely stuck their meter probe directly into the water and touched the other probe to the dock frame. Based upon these statements it appears that this measurement was within this 2 volt per foot gradient. Again remember that this voltage measurement was during the low load time of the day. When the utility put their recording meters on the dock, as I mentioned previously, the voltage level reached nearly 9 volts during the evening hours, again approximately 2 feet from the dock frame with the dock frame still well grounded. In each case the highest voltage readings were during the evening hours when the utility load currents would be at the highest. The teenagers as you will recall were swimming during the evening hours approximately 7:30 p.m. One thing I might mention is that in literally all of the readings, both recorded and instantaneous readings including the readings taken by me, the voltage and current readings were in a constant state of fluctuation. Based on my experience these constant fluctuations are typical of stray voltages usually caused by the electric utility. There was also considerable evidence described by the teenagers in the lake that when they first jumped in the water they felt nothing. However after several minutes of swimming around the dock they started feeling these surges. One boy described the currents as occurring in short pulses and then they went away and then they occurred again, constantly off and on. Maybe Jim you can tell me, when the dock wiring is a problem in your experience does it occur in pulses as these kids described and as I measured from a fixed ground rod in the lake? It would seem to me that if somehow the dock was energized, and if for some reason the circuit breaker protecting the dock did not trip, the current into the water would be more of a continuous flow instead of intermittent as was described in this case. What has been your experience? Don
    Reply to Don Johnson

    Reply from: Jim Shafer   
    Don, Seems everything about this incident fits our data, eventhough our work was all done with a controlled source, not a remote source, as in this case, but the conclusions all fit.

    Several possibilities for the shock reports by the victums. We have only one case where we interviewed a survivor - good story (this victum was subjected to over 6 V/ft and how he survived is interesting), call me. Body orientation and proximity to the ladder VERY critical. The gradient axis to the source and body alignment could mean the difference between mild discomfort and paralysis. 10 feet from the ladder you might feel very little sensation.

    The field intensity was entirely dependent on system load and that is the only explaination for the reported pulses - other than the possible compounding of the effects stated above.

    A breaker will NEVER trip under conditions that cause these accidents - that's why we have GFCI's in bathrooms, etc.If you look at our study you will see that fault currents into the water as high as 45 A may not be lethal (in close proximity), and yet we set up conditions that demonstrate fault currents as low as 2 A into the water from the prop on a boat will be lethal several feet away. I can't give you all the info in our 165 p report here. A least 6 factors are involved in each situation so only general statements can be made about this inicident - but all of the known data does fit our accident model.

    Hope this is of some help.

    Jim
    Reply to Jim Shafer


  • The mindset of some utilities is that they are above codes, not subject to them. The attitude of some corporations is that it may be cheaper to pay off law suits than fix the problem. The Ford Pinto comes to mind.

    The outlook of some people is that if someone dies, then someone must pay. The approach of some attorneys is to sue the deepest pockets available.

    Bottom line focused corporations will accept certain losses as long as profit is maximized. The only way to assure corporations improve “safety” is to make the cost of “unsafe” behavior unprofitable.

    While they may tout their commitment to public safety and concern of the welfare of their employees the true driving force is risk management. For those who would argue I offer the tobacco and asbestos industries. Ford, Firestone and many more examples abound in our world. Still unconvinced? Anyone remember Bhopal India?

    Law suits are the mechanism to this end. Unfortunately they too tend to turn towards greed or are driven by anger at the loss of a loved one (entirely understandable). The most damning thing about law suits is they are punnitive rather than proactive by nature.

    Actuaries can and do place a monetary value on the loss of life of an individual. They can also calculate the cost benefit ratio of a certain action; say the repair of an underwater line whose concentric neutral has corroded verses the risks of lawsuit should someone become injured.

    There is no easy answer. I will trust our inefficient legal system to work out some imperfect balance. I fully understand that many corporations (insurance companies are a good example) value my life as an actuarial number. I feel differently about myself and my customers.

    While I may not be able to change the world I can do my level best to continue my 30 plus year effort to be a competent electrician and protect the safety of my clients. And yes, I keep insurance in case I make a mistake.

    Randle Bain
    Reply to this comment

  • Mike: Fillup article in Sundays Post front Page. March 8th 2009. Real sentamental comments no facts of accident. Milton J Murry PE

    Milton J Murry PE
    Reply to this comment

  • Early in my career, I was called to an apartment complex to troubleshoot a complaint of tenants being shocked in their showers when touching the facets, a simple voltage test showed a fluctuating reading of up to 70 volts between the facets and the cast iron drain pipes in several units throughout the complex. Panels, appliances, grounding, and secondary srvice connections were checked with no faulty conditions found. The locall utility confirmed there was no fault on their end in the pad mount transformers loop fed around the complex (approx 30 transformers). I insisted they do further testing, but was dismissed partly to my young age. I called a well qualified (and well known)experienced friend who made it clear (after verifing my findings) that the utility company better get their top engineers out there or expect to be on the losing side of an expensive liability suite. After many denials of fault and their driving hundreds of feet of additional ground rods at their transformers to no avail they eventually found the concentric neutrals between transformers had corroded, creating a floating neutral condition throughout the whole system. After replacing all the primary cable, of course ,the problem was fixed. FYI

    Ken Plate
    Reply to this comment

  • Sounds like the utility is not at fault. If they are not going to change anything, then obviously their equipment was up to par. What was the source of the voltage? The article does not say if the dock owner had electrified the dock, and what condition his wiring was in. Sounds like a sympathetic jury and a deep pocket to me.

    Troy Hogsett
    Reply to this comment
  • Reply from: Mike Holt   
    Troy, I don't think you understand utility distribution wiring and the impact of an open primary neutral and it's effect on ground current and touch and step potential.
    Reply to Mike Holt


  • How come the power company feels so strongly that they are not at fault? It sounds like both sides brought in experts. I get that they may want to appeal, but if it is truly a dangerous situation then you would think they would be ordered to do something about their lines. According to the article it appears that they are not planning to do anything about them. Seems odd.

    Erik Magelee
    Reply to this comment

  • I feel some good natured people are not thinking in a legal or corporate manner. If a person or responsible business finds an error they fix it.

    If a corporation finds an error after being sued they admit there was a problem. If there was a problem then they must be guilty of negligence.

    So they say there is no problem to avoid any further liability.

    Randle Bain
    Reply to this comment

  • One needs to review the research work of Don Zipse of Zipse Electrical Engineering, Inc. on stray voltage to see that stray voltage is a real problem all over the USA because of the incorrect and antiquated method of using the earth as a ground.

    Bob McGregor,
    Reply to this comment

  • This is very confusing... First, the article was very poorly written.. I'm still not convinced whether the boys were electricuted in the lake or hot tub... . I am assuming the lake was the problem. What was the explanition with neutrals?? Why wasn't the utility required to fix the problem if in fact it was a utility problem? I'm very sorry for the families however, I'm not convinced that the utility company didn't get shafted on this one. I think we need professional jurers in some of these court cases. The average joe public is not educated enough to make these decisions.. Something just doesn't smell right in this case..

    Brian Kimball
    Reply to this comment

  • Hello all-

    This story his very close to home for me. I grew-up on one of the neighboring lakes swimming in it every Summer day. I talked with my dad about this story a year or two ago but he did not know the technical specifics of the case.

    Having known some of the background of this case I can see how this article left many readers wondering what the rest of the story is. I read a follow-up story in the Post Dispatch which shed a little more light on the circumstances of the incident but I greatly appreciate the details provided in this comments board.

    Don- Keep up the good work. And if anything happens to MAKE Ameren fix the problem, PLEASE let us know!!

    -Dale Grant

    Dale Grant
    Reply to this comment


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