No Pay-Out For Window Cleaner

Jury: "SDG&E Not Liable For Window Washer's Injuries" - Jurors Wednesday ruled against a local man who sued San Diego Gas & Electric after losing parts of his arms in an accident. Shane Cahill was severely injured in 2008 while washing windows on top of a Mission Bay condominium. About 12,000 volts of electricity rushed through his body when the metal pole he was using touched an SDG&E power line. Cahill sued the utility for medical expenses that could range into the millions of dollars. After a nearly three-week trial, the jury sided with the utility, voting 10-2 that the company was not liable for Cahill's injuries. "This was not a safe condition," Cahill's attorney, Todd Macaluso, said Tuesday in closing arguments. "This was an accident waiting to happen." SDG&E's attorney, William Calders, countered, "It's a good story and it reads well, but it isn't supported by the facts."

Macaluso said the power company knew those lines were too low and still did nothing to fix them. He added the company did not meet a certain standard and called it "negligence." Calders argued Cahill was negligent because Cahill himself testified he never saw the power lines that were only feet away. Macaluso said at best his client is only 20 percent responsible for the accident, leaving SDG&E responsible for 80 percent of the injuries that left Cahill with two prosthetic forearms.

SDG&E issued the following statement Wednesday afternoon regarding the verdict: What happened to Mr. Cahill is a tragedy. SDG&E is deeply sympathetic for the injuries he suffered as a result of contact with our facilities. We appreciate the jury's thoughtful and thorough review of the facts and their conclusion that SDG&E was not negligent and that what happened to Mr. Cahill was an accident.

SDG&E cleared in window cleaner accident - A jury cleared San Diego Gas & Electric Co. of any liability in the case of a window washer who lost both arms in an electrocution accident in 2008, the worker's attorney said Wednesday. Shane Cahill was shocked by 12,000 volts while he cleaned windows at a Mission Bay condominium. He lost both of his arms and faces medical bills that could run into the millions of dollars, said his attorney, Carlsbad-based Todd Macaluso. In 2009, Cahill sued the utility for medical expenses.  Macaluso said he had great respect for the jury. "We believe the law needs to be changed," Macaluso said in a written statement. "What happened to Mr. Cahill is a tragedy," SDG&E said in a written statement. "SDG&E is deeply sympathetic for the injuries he suffered as a result of contact with our facilities. We appreciate the jury's thoughtful and thorough review of the facts and their conclusion that SDG&E was not negligent and that what happened to Mr. Cahill was an accident."

Trial For Window Cleaner Who Lost Arms Goes To Jury

Former Window Washer's Suit Against SDG&E Goes To Jury -Shane Cahill Lost Part Of Arms When Pole He Was Using To Wash Windows Hit 12,000 Volt Power Line: A jury will now decide who is responsible for the accident that left a San Diego man without part of his arms. Closing arguments wrapped up Tuesday afternoon in the case of Shane Cahill. He is suing San Diego Gas and Electric for medical expenses that could range into the millions of dollars. 

Cahill's attorney and SDG&E's attorney spoke one final time in front of the jury. "This was not a safe condition," said Cahill's attorney Todd Macaluso. "This was an accident waiting to happen." SDG&E's attorney, William Calders, said, "It's a good story and it reads well, but it isn't supported by the facts." Cahill lost part of his arms four years ago while washing windows on top of a Mission Bay condo. About 12,000 volts of electricity rushed through his body when the metal pole he was using touched an SDG&E power line.

Macaluso said the power company knew those lines were too low and still did nothing to fix them. "They should have met the 25-foot standard and they didn't," said Macaluso. "Ladies and gentlemen, that is negligence." Calders argued it was Cahill who was negligent because Cahill testified he never saw the power lines that were only feet away. "He had 16 opportunities in the three-hour period of time to see electrical lines," said Calders. "How many times did he see the lines? None."

Macaluso said at best his client is only 20 percent responsible for the accident, leaving SDG&E responsible for 80 percent of the injuries that left Cahill with two prosthetic forearms. "I think that's fair," said Macaluso. "I think that's reasonable."

Calders asked the jury to remove compassion from their minds and only focus on the facts. "You can't take concern for Mr. Cahill, who is a very nice gentleman, who has had a serious event, and I will agree to that," said Calders. "But you can't take that into your deliberations." The jury will begin deliberations Wednesday morning. 

Former Window Washer Testifies Against SDG&E: The local window washer who lost part of his arms in an accident testified Monday morning in his lawsuit against San Diego Gas & Electric. Shane Cahill spoke softly as he talked about the moments immediately after 12,000 volts of electricity shot through a metal pole and into his body. "My body just tensing up, tensing," he said. "It seemed to get tighter and tighter. I couldn't move much."

Four years ago, Cahill was cleaning the windows on top of a condo in Mission Bay. He was shocked when his equipment hit a power line. Cahill's attorneys argue that SDG&E's power lines were too close to the condo. Cahill said he could not remember how long it took for someone to come help him. "I was pretty stressed out, so I'm not really sure how long," he said. Cahill lost both of his hands and part of his forearms. Using prosthetics, he demonstrated for his attorney and the jury how the metal window washing pole was set up at the time of the accident.

On cross-examination, SDG&E's attorneys said the power lines were in compliance and tried painting a picture that Cahill himself was negligent. One attorney for SDG&E showed Cahill another version of the same metal pole and asked him what was written on the side of the pole. "Watch for wires," answered Cahill.

The defense also kept track of how many times Cahill walked in and out of the condo without noticing the power poles and power lines next to the condo. "Did you happen to notice that there were electrical lines, or guidelines or communications lines outside of the windows?" a defense attorney asked. "No," answered Cahill. "Never saw them?" asked the attorney. "No, I did not," Cahill said.

The tally got up to 14 times before the judge called it a day. Cahill's attorneys previously argued that those wires should have been at least 25 feet away. They were only 12 feet away from the condo when Cahill touched one with the metal pole. When asked if he thought he was going to die, Cahill said, "I thought I was, yes." Cahill will wrap up his testimony Tuesday morning. He is suing for unspecified damages that could total in the tens of millions of dollars.

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.