Jackson v. Pacific Gas & Electric Co.

*1113 Opinion

In this appeal, we consider whether Civil Code section 846 1 immunity precludes suit by a child who suffered injuries when he attempted to retrieve his kite from an overhead power line. We determine the utility is immune from suit under these circumstances and none of the statutory exception applies. Further, we conclude Public Utilities Code section 2106 does not abrogate the immunity afforded a utility by section 846. We therefore affirm the entry of summary judgment.

Background

On April 4, 1998, 10-year-old Joshua Jackson was playing video games at the home of his friend, Dominic Portera. Dominic’s mother, Laura Portera, suggested the boys go outside and fly Joshua’s new kite, and they did so. But while Joshua stood in the Portera’s backyard flying his kite, the wind blew the kite out of his hands and carried it over the adjoining property of Eve Prince (Laura Portera’s mother). There, the kite became entangled in a power line owned by respondent Pacific Gas & Electric Company (PG&E). Joshua, Dominic and Dominic’s younger sister Natalie ran onto the Prince property. Ms. Prince was not home at the time. After an unsuccessful attempt to reach the kite with a…