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SOWERS v. TRI-COUNTY TELEPHONE CO., INC.

No. 12S02-8911-CV-877.

546 N.E.2d 836 (1989)

John R. SOWERS and Phyllis Sowers, Appellants (Plaintiffs below), v. TRI-COUNTY TELEPHONE CO., INC., Appellee (Defendant below).

Supreme Court of Indiana.

Transfer Denied March 19, 1990.

Attorney(s) appearing for the Case

James P. Buchanan, Buchanan & Buchanan, Lebanon, Robison, Robison, Bergum & Johnson (of counsel), Frankfort, for appellants (plaintiffs below).

Richard R. McDowell, Keith A. Kinney, Hill, Fulwider, McDowell, Funk & Matthews, Indianapolis, for appellee (defendant below).

Lee B. McTurnan, McTurnan & Turner, Indianapolis, for amicus curiae Indiana Legal Foundation.

ON PETITION TO TRANSFER

SHEPARD, Chief Justice.

The question presented is whether a telephone utility has a duty to render safe the area of land necessary to service its poles so as to protect business invitees who work on the poles. We hold that the utility has a duty of reasonable care to such invitees but that the plaintiff's evidence in this case pointing toward a breach of that duty was insufficient to withstand the utility's motion for summary judgment...

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