Trial Magazine

In 2012, Justin Dominguez, 15, was playing with friends in a neighbor’s yard. The home was located next to a vacant lot that contained bamboo stalks and was situated under a 13,000-volt uninsulated power line. Dominguez climbed up the bamboo, which contacted the power line. Dominguez received a severe ­electric shock and was hospitalized. He remained in a coma until his death approximately two weeks later. He is survived by his mother.

Dominguez’s mother, on behalf of his estate, sued Florida Power & Light Co., alleging it negligently failed to remove the bamboo despite a 2008 work order and written report to the defendant’s lead arborist identifying the location as a critical removal site. The plaintiff asserted that the defendant had a duty to clear its lines of vegetation, especially bamboo, which is highly conductive and fast-growing.

The jury awarded $27.5 million, including $15 million in punitive damages. The jury apportioned liability at 70 percent to the defendant and 30 percent to Dominguez. Posttrial motions, including for a new trial, are reportedly pending.

Citation: Dominguez v. Florida Power & Light Co., No. 13-CA-3351 (Fla. Cir. Ct. Lee Cnty. Dec. 20, 2017).

Plaintiff counsel: Ty Roland and Evan Lubell, both of Fort Myers, Fla.