This section contains the nature of the case and procedural background.

The decedent was electrocuted when the antenna from his CB radio met D's uninsulated 8,000-volt transmission line. The line was 21.5 feet above the ground. Five years before, decedent had encountered the line and was severely burned while moving his antenna. Decedent requested several times that D insulate the line prior to the recent accident. P was awarded $500,000 for pain and suffering and the loss of life of decedent and $75,000 for loss of love, affection, and support. D appealed and found that because decedent had been injured 5 years before and since that time was extremely careful never to move the antenna alone or toward the line until the day of the fatal accident, D did not breach any duty owed to decedent.

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