Fortman v. Dayton Power & Light Co.

Fain, Presiding Judge.

Plaintiffs, Walter V. Bergman, Executor, and Dolores Fortman, Administratrix (referred to collectively as “Bergman”), appeal from a summary judgment rendered in favor of defendant-appellee, Dayton Power & Light Company (“DP & L”), in these consolidated wrongful death actions. Kurt Bergman was electrocuted and Tim Fortman was severely injured when a metal scraper that Kurt Bergman intended to use to clean a smokestack touched uninsulated high-voltage electrical wires strung over the roof. The trial court held that ownership of the power lines was determinative of the duty…