Georgetown firm wins major case against Progress Energy
Last Updated on 2/9/2010
Published on 6/18/2009
A Darlington County jury returned a verdict of $9 million on Saturday, June 6 after finding Progress Energy responsible in the wrongful death of 21-year-old Allen Toney.
The jury awarded Mary Washington, the victim's mother, $3.5 million in actual damages and $5.5 million in punitive damages. This verdict represents the largest award in Darlington County history, according to Theresa Timmons of the Darlington County Clerk of Court's office.
J Edward Bell, III and C. Carter Elliott, Jr. of the Bell Legal Group and Edward E. Saleeby, Jr. and James C. Cox, Jr. of Saleeby and Cox represented the family of Allen Toney in their case against Progress Energy, a Fortune 500 power company. The jury found the power company responsible for the 2003 death of the young man.
Toney, a resident of Hartsville, died as the result of being electrocuted by a downed power line. Bell and Elliott concurred that the death of Toney was reckless, negligent and completely avoidable, claims that they said were substantiated by the jury award.
According to testimony, on May 2, 2003, a storm in the Hartsville area caused a utility pole, owned and maintained by Progress Energy, to fail.
The pole, located between 529 and 531 Ross Drive, fell at approximately 6:30 p.m., leaving a live power line carrying 13,200 volts hanging chest high across the driveway of 529 Ross Drive.
According to witnesses, at around 9:20 p.m. Mr. Toney arrived at the home located at 529 Ross Drive where he came into contact with the energized power line.
Further testimony revealed that Toney appeared to be locked to the power line "while balls of fire pulsed down the wire from the transformer and into his body."
The line melted, leaving Mr. Toney face down in the driveway. EMS was dispatched and arrived on the scene shortly after the incident and transported him to the Carolina Pines Regional Medical Center.
Testimony from EMS workers and hospital personnel revealed that while Toney sustained catastrophic burn and electrical injuries, he initially responded to treatment, and was, in fact, responsive to questions asked by medical staff. While arrangements were being made to transport Toney to the Augusta Burn Center, he passed away at approximately 11:15 p.m. due to cardiac arrhythmia due to complications of the burn and electrical injuries.
Elliott and Bell presented evidence that Progress Energy was negligent in responding to numerous inspection notifications of the hazardous condition of the utility pole in the months prior to the incident. They also presented evidence that Progress Energy was negligent in responding to numerous phone calls made to the Progress Energy Call Center prior to the electrocution incident.
Those calls provided notification and warning to Progress Energy about the downed power line situation and the dangerous conditions present. Based on the verdict, the jury found that Progress Energy was grossly negligent and that their negligence caused Toney's death.
Bell and Elliott asked the jury in their closing arguments to fight for Mr. Toney and to send a message to Progress Energy that this type of conduct would not be tolerated.
The jury deliberated for less than 24 hours before returning the largest award ever to be handed down in Darlington County District Court.
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For more information about this verdict, contact J. Edward Bell, III at (843)546-2408 or Elizabeth Elliott, Case Coordinator for Bell Legal Group at (843)546-2408 or visit www.edbelllaw.com.
Bell Legal Group LLC
The attorneys and staff of the Bell Legal Group focus on select and challenging areas of law and bring 25 years litigation experience.
To successfully litigate the large scale cases for which the Bell Legal Group has become known, the firm offers its own unique reserve of capital, resources and state of the art technology.
The firm has built its reputation concentrating in the areas of automotive defect, medical malpractice, nursing home litigation, personal injury litigation and police misconduct cases.
For more information on the Bell Legal Group LLC call 877-546-2408 or visit www.edbelllaw.com.
-- Julie Osteen
Bell Legal Group
