Water Fed Pole User Sues For Loosing Both Arms

Shane Cahill Lost Both Arms When Pole He Was Using To Wash Windows Hit 12,000 Volt Power Line.

Former Window Washer Suing SDG&E For Damages (San Diego): Shane Cahill Lost Both Arms When Pole He Was Using To Wash Windows Hit 12,000 Volt Power Line. A former window washer who lost both of his arms when the pole he was using to wash windows hit a power line is now suing San Diego Gas & Electric. "It was an accident waiting to happen," attorney Todd Macaluso told a civil court jury Tuesday. Macaluso is representing Shane Cahill, a former window washer who lost both of his arms when the 7-foot pole he was using atop a Mission Bay condominium came into contact with a 12,000 volt power line.

"These wires should never have been there. Never," said Macaluso, who told the jury that by law SDG&E should have kept its lines at least 25 feet from the building where Cahill was injured in 2008. "Mr Cahill is standing there washing the windows," Macaluso told the jury. "All of the sudden he feels his body freeze up. He can't move. He is then thrown on the ground." The owner of the condominium, Mario Maio ran upstairs after hearing the commotion. "And sees Mr. Cahill on the ground with his hands curled, and he's smoldering," said Macaluso.

Cahill now has two prosthetic arms and is permanently disabled. His medical bills have topped the $9 million mark, according to Macaluso. "It's SDG&E that has exclusive control over these transmission lines," Macaluso said in closing. "It's SDG&E that has the exclusive right and obligation to maintain them, and it's SDG&E who we expect to comply with the law." SDG&E's lawyer told the jury Cahill should take personal responsibility for what happened. William Calders described how Cahill walked back and forth on the rooftop deck, carrying his equipment to the 3-foot tall glass railing he was hired to clean. Calders said Cahill should have seen the transmission lines.

"How can you miss these lines? Never saw them. Never knew they were there? Never was concerned for his own safety? He wanted somebody else to take care of it," Calders told jurors. Calders also said the property's owner should be held accountable for adding a rooftop deck, a railing and a Jacuzzi without the proper building permits, in violation of city code and California Coastal Commission rules. "If this railing isn't there, If this Jacuzzi isn't there, If Mr. Maio had followed the law, would Mr. Cahill be sitting here like he is today?" asked Calders. "The answer is very clear. If there's no railing, there's nobody on the roof cleaning that railing and there's no way this accident happens."

Calders said SDG&E was in full compliance with California law, and that the power lines were properly installed and maintained. Jurors are expected to hear testimony over the next two weeks, including a visit to the rooftop where Cahill was injured. Cahill is seeking damages for medical bills and lost wages, as well as punitive damages against the utility for what his lawyer calls the wrongful and negligent actions and inactions of SDG&E.

"We believe that these lines as they exist do not comply with the general order 95 which require certain clearances from residences and pools such as this deck."

Window Washer Gets High Voltage Shock. A routine job ended in tragedy when part of his equipment touched a power line. Now the man is suing SDG&E. A 3-story building in Mission Bay was Shane Cahill’s last window washing job of the day. On that Wednesday, September 3, 2008, Cahill started his routine like he did on every job, every day. He took his position on the building’s rooftop deck and started washing the home’s glass windows when suddenly he realized something was very wrong. "I pulled all my hose over, doing my daily routine… stuck the pole over the glass and all of a sudden I got a super strong grip on the pole and I realized I hit a power line," said Cahill.

An electric shock traveled through his body, destroying the veins in his arms. Cahill, 34, woke up from an induced coma 72 days later at the UCSD Burn Center and was surprised at his condition. "Waking up to no hands realizing that life's changed. That's probably the worst,” Cahill said. He has since filed a lawsuit against SDG&E. His attorney, Todd Macalusco believes the position of the power lines is too close to the home where Cahill was working. "We believe that these lines as they exist do not comply with the general order 95 which require certain clearances from residences and pools such as this deck," Macalusco.

SDG&E released this statement: “This was a terrible accident and we are deeply sorry to hear about Mr. Cahill's loss. We take seriously our responsibility to safely operate and maintain our power lines - it’s our top priority. It's unfortunate that the plaintiff's lawyer failed to contact us about this incident and listed the wrong address in the complaint he filed with the court. Now that we do know the address, we will begin an immediate investigation to determine what happened.” Meanwhile Cahill is learning how to move on. "So here I am living. I'm an active guy. I like rock climbing street bike racing - it's something I'll never be able to do again."

On September 3, 2008, Cahill, an employee of Lily's Window Cleaning (Employer) (excerpts), suffered severe burns and other injuries when his metal window-washing pole made contact with the SDGE 12,000-volt electrical line located in the alley, higher than and adjacent to Property's roof. At the time of the incident, Cahill was preparing to wash the glass railing on the southwest corner of the roof, while standing with one foot on a metal air conditioning unit and his other foot on the bottom of the glass railing. On November 13, 2008, Cahill filed a personal injury action against SDGE, alleging it was negligent per se for constructing and maintaining electrical lines too close to Property in violation of state law (i.e., Cal. Pub. Utilities Com. General Order No. 95).2 In December, SDGE filed an answer denying Cahill's allegations and asserting various affirmative defenses.
Defendant and cross-complainant San Diego Gas & Electric Company (SDGE) appeals an order dismissing its cross-complaint for equitable indemnity against cross-defendants Maurice Maio, David Zeiger, and Nantasket Court Condominium Association (collectively Owners) after the trial court found that Owners' $25,000 settlement with plaintiff Shane Cahill was made in good faith within the meaning of Code of Civil Procedure section 877.6.1 On appeal, SDGE contends the trial court abused its discretion by granting Owners' section 877.6 motion and dismissing its cross-complaint because, applying the relevant factors set forth in Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488 (Tech-Bilt), no rational trial court could conclude the settlement was made in good faith and insufficient evidence supports the trial court's findings. SDGE also asserts the trial court erred by denying its separate motion for summary judgment against Cahill.