PADGETT v. WEST FLORIDA ELEC. CO-OP., INC.

No. AI-12.

417 So.2d 764 (1982)

R.J. PADGETT, As Personal Representative of the Estate of Tommy Allen Padgett, Deceased, Appellant, v. WEST FLORIDA ELECTRIC COOPERATIVE, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

July 29, 1982.


Attorney(s) appearing for the Case

Charles J. Kahn, Jr., of Levin, Warfield, Middlebrooks, Mabie & Magie, P.A., Pensacola, for appellant.

Richard Smoak of Isler, Brown, Smoak, Harrison & Nabors, Panama City, for appellee.


ERVIN, Judge.

Tommy Padgett's act of hitting a utility pole and becoming enmeshed in electrical wires that electrocuted and burned him was an intervening cause of his death. There are inferences of material fact that suggest that the appellee and defendant below, West Florida Electric Cooperative, could have foreseen this intervening cause, thereby making it a question of fact whether acts of the appellee constituted the proximate cause of Tommy Padgett's death. Paradoxically...

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