Kroger
v.
Omaha Public Power District

523 F.2d 161 (8th Cir. 1975)

What's Going On?

Plaintiff (administratrix) appeals from the district court's grant of summary judgment for Defendant in a wrongful death action arising out of the death by electrocution of Plaintiff's decedent.

Who's Who?

Plaintiff     :

Geraldine Kroger – administratrix of the estate of James Kroger.

Defendant :

Omaha Public Power District – [power company that owned the electrical wires at issue before selling them to Paxton & Vierling Steel Company.]

Facts:

James Kroger was electrocuted while working at Paxton & Vierling Steel Company (Paxton) when a crane operated by one of his colleagues caused high-tension electrical wires to emit an arc of electricity that came into contact with James Kroger. Plaintiff Geraldine Kroger, the administratrix of James Kroger's estate, brought a federal diversity action for wrongful death against Defendant Omaha Public Power District[, the former owner of the electrical wires]. The district court granted summary judgment to Defendant, reasoning that Paxton owned the electrical wires, and that Defendant had no duty to maintain the wires, the breach of which would give rise to liability. The appellate court affirmed the decision of the district court to grant summary judgment to Defendant.

Note:

This relatively short case brief reflects the case as edited in the casebook.

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