Barber v. Southern Cal. Edison Co. CA2/1
Thomas Barber, Lori Barber, and their two children, (collectively, the Barbers) appeal from a judgment of the superior court in the Barbers’ lawsuit against Southern California Edison Company (SCE) following summary judgment in SCE’s favor. The Barbers previously lived on a property on Knob Hill Avenue in Redondo Beach (the Barbers’ former home), which is located a few doors away from one of SCE’s electricity substations, the Topaz substation. The Barbers’ lawsuit alleged that electricity from the substation caused them to experience shocks at various places on their property, and sought recovery primarily for the emotional distress they suffered as a result.
On appeal, the Barbers argue that the court (1) excluded evidence that would have created a triable issue of fact as to causation; (2) applied the wrong legal standard for causation by analogizing the case to a toxic tort suit; and (3) erred in concluding the doctrine of res ipsa loquitor did not establish causation.
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