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.

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