Personius v. Mann

We respectfully dissent from that portion of the majority decision which concludes there are no triable issues regarding common-law negligence. Plaintiff Hugh Personius (hereinafter plaintiff), an employee of a utility company, was summoned from his home to respond to the emergency at defendants’ premises where a building was on fire. Intent on cutting off electrical power to the burning building, plaintiff ascended a utility pole owned by defendants. The pole gave way at its base, causing plaintiff to fall and sustain severe fractures to both his wrists.

An owner of real property has a duty…