Ramirez

Introduction

A worker for an unlicensed contractor hired by homeowners to trim trees at their residence was electrocuted when his polesaw came in contact with an overhead high voltage line. The decedent’s heirs brought this wrongful death action against the homeowners, alleging they negligently failed to keep their property in a reasonably safe condition, and failed to warn the contractor or his workers, including the decedent, about the hazardous condition presented by the high voltage power lines adjacent to their trees.

Plaintiffs further identified a statute, Penal Code section 385, subdivision (b) (section 385(b)), that makes it a misdemeanor for any person, either personally “or through an employee” (ibid.), to move any tool or equipment within six feet of a high voltage overhead line. Plaintiffs argued section 385(b) sets forth a special duty of care with regard to the use of tools or equipment in close proximity to high voltage lines; that such duty was violated here given that the decedent’s polesaw came in contact with the power lines, causing his electrocution; and that if the decedent is found to have been the homeowners’ “employee” (§ 385(b)) at the time of…