Ramirez v. Southern Cal. Edison
Filed 3/15/06 Ramirez v. Southern Cal. Edison CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
| JORGE RAMIREZ, Plaintiff and Appellant, v. SOUTHERN CALIFORNIA EDISON COMPANY, Defendant and Respondent. | B180555 (Los Angeles County Super. Ct. No. SC077123) |
APPEAL from a judgment of the Superior Court of Los Angeles County.
Gerald Rosenberg, Judge. Affirmed.
Kaplan, Kenegos & Kadin, Jerry Kaplan, Joan Kenegos for Plaintiff and Appellant.
Law Offices of Don H. Zell, Don H. Zell, Robert E. Suttle for Defendant and Respondent.
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Jorge Ramirez, who was injured when his tree trimming pole touched a high voltage power line above a tree, appeals following an order granting summary judgment in favor of respondent Southern California Edison Company (Edison) on causes of action alleging general negligence and premises liability. We affirm, as there was no disputed question of fact as to the adequacy of the clearance between the tree branches and the power line, and Edison had only an easement or license and thus a nonpossessory interest in the premises with no control over the real property on which the tree was located.
FACTUAL AND PROCEDURAL SUMMARY
On May 29, 2002, Ramirez was burned on both hands and one foot from an electrical shock and injured from a fall after his tree trimming pole came into contact with an electrical power line, a 16KV high voltage conductor. Ramirez was employed by defendant Carlos Olivas, an unlicensed and uninsured landscaping contractor, hired by defendant Lori Precious to trim the large pepper tree on her property in Topanga Canyon.
The accident happened when Ramirez was pruning branches while standing inside the tree with a fixed length 8-foot- 10-inch-long aluminum pruning pole. After cutting some of the branches closest to him with a saw, he started to use the pole with the hook. As he reached out to pull on a branch in the middle of the tree, the pole touched the power line. Prior to the accident, Ramirez was well aware of the high voltage conductors above the tree, he â€
