Kenneth Richardson v. The United States of America

Kenneth Richardson appeals the judgment entered against him by the District Court on July 17,1979, following a non jury trial, on his claim under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq.

The original claim for relief was submitted to the Bonneville Power Administration (hereinafter BPA) on June 25, 1975, pursuant to 28 U.S.C. § 2675 . A complaint against the BPA was subsequently filed in the trial court on September 30, 1975. Later, by agreement, the United States was substituted as the party defendant in place of the BPA.

The appellant’s original claim, and now this appeal, derive from a most unfortunate occurrence on May 10, 1975, in Benton County, Washington. The appellant, an eighteen year old high school student, had gone to visit his sister and brother-in-law, Mr. and Mrs. Norman Trapp, at a farm they leased in Benton County. While there, he assisted his brother-in-law in moving irrigation pipes across a pasture. The irrigation pipes were of varying lengths and made of aluminum.

High-voltage power lines cross over the Trapp farm. The lines are known as the “Franklin-Hedges 115KV line” constructed and maintained by the BPA, an agency of the defendant. While no…