Moore v. Dayton Power & Light Co.

Kerns, Judge.

The plaintiff, Elliehue Moore, commenced this action against the Dayton Power & Light Company (“DPL”), claiming damages for injuries he sustained on July 23, 1989, while working for Energized Substation Service, Inc. (“ESS”), a company which specializes in painting towers and equipment at electrical substations. Specifically, Moore claimed that DPL was negligent in failing to deenergize the electrical lines near where he was working on the day of the accident.

Thereafter, DPL filed a third-party complaint against ESS for indemnification under a purchase order agreement and a…