Defense Verdict for Sturgill Turner Energy and Utilities Law Team
On April 26, 2023, Sturgill Turner Energy Law attorney Todd Osterloh won a unanimous defense verdict in favor of the City of Danville, in a negligence lawsuit arising from the burial of an electric line six years prior to plaintiff’s purchase of the property.
In 2007, the City of Danville coordinated and paid for the burial of an overhead electrical line owned by Kentucky Utilities. All the affected property owners agreed to the relocation of electrical service to their properties, and the agreed-upon work was completed.
In 2013, Plaintiff Tim Montgomery bought one of the properties for $20,000, only to learn that the neighboring property owner had removed the meter box and conduit that was previously installed for providing service to Plaintiff’s newly acquired property. About six weeks after Plaintiff acquired the property, the neighbor re-installed the meter box and conduit that could have been used to provide service to Plaintiff, but Plaintiff refused to use what the neighbor had installed.
Plaintiff filed the lawsuit against the City of Danville, alleging that the City was negligent for failing to obtain a written easement in 2007 when it coordinated the burial of electric lines. He sought $133,182 in damages. After a two-day trial, the jury rendered a unanimous verdict in favor of the City.
The experienced trial team included attorney Todd Osterloh and paralegal David Hobson. The case was tried in Boyle Circuit Court, on April 25-26, before Judge Jeff L. Dotson.
