Mickles v. Duke Power Co.

WHICHARD, Justice.

On 6 March 1992, plaintiff Deborah Mickles (“plaintiff’), individually and as the administratrix of the estate of her husband, Fred David Mickles (“Mickles”), filed suit against defendant Duke Power Company (“defendant”) seeking to recover damages for the on-the-job death of Mickles. Plaintiff has voluntarily dismissed her action against the other two defendants. The complaint alleged that defendant was wilfully and wantonly negligent in: (1) failing to warn and instruct Mickles about the possibility of an equipment failure commonly known as “roll-out”; (2) failing to…