Case Against Utility Remanded For Punitive Damages Trial Over Decision Not To Relocate Utility Pole

The Court of Appeals of Ohio affirmed a jury’s verdict that found in favor of a motorcyclist injured after striking a deer and swerving off a public road where he hit a utility pole.  Yesterday, the appellate court sustained the bulk of the verdict for approximately $700,000 against the owner and operator of the utility pole, on the grounds that the utility failed to abide by the county’s previous request to relocate the pole.  The jury returned a verdict in favor of the motorcyclist for qualified nuisance and to his wife for loss of consortium, and for general negligence.  Although the trial court had granted the utility’s motion for directed verdict on punitive damages, the appellate court reversed that decision.  The appellate court emphasized that the evidence showed that when the county reopened the road, the county notified the utility that the location of the poles posed a safety risk, and that the utility chose not to relocate the poles.  Given that the accident occurred several months later, the court found that a jury could have concluded that there was a great probability of harm and remanded the case for a new trial on punitive damages.