TRAXLER v. ENTERGY GULF STATES, INC.

No. 10-0970.

376 S.W.3d 742 (2012)

Nicholas TRAXLER, Petitioner, v. ENTERGY GULF STATES, INC., Respondent.

Supreme Court of Texas.

Decided March 9, 2012.

Rehearing Denied October 12, 2012.


Attorney(s) appearing for the Case

Jane Swearingen Leger , John Andrew Cowan , Provost & Umphrey Law Firm, L.L.P., Beaumont, TX, for Nicholas Traxler.

Paul A. Scheurich , Christine S. Kibbe , Energy Services, Inc., Beaumont, TX, Jacqueline M. Stroh , Law Office of Jacqueline M. Stroh, P.C., San Antonio, TX, for Entergy Gulf States, Inc.

Marnie Ann McCormick , Duggins Wren Mann & Romero, LLP, Austin, TX, for Amicus Curiae AEP Texas North Company.

James Elliott Guy , Sutherland Asbill & Brennan LLP, Austin, TX, for Amicus Curiae Sharyland Utilities, L.P.


Justice WILLETT delivered the opinion of the Court.

Nicholas Traxler suffered injuries when he was struck by a power line belonging to Entergy Gulf States, Inc. After a jury verdict favorable to Traxler, the trial court rendered a judgment for him. The court of appeals reversed, holding that Entergy was not required to maintain the line at the height Traxler claimed was required by statute. Because we agree with Traxler's construction of the relevant statutes, we...

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