$22.5 Million Vermont Verdict for Lineman Who Lost Both Legs in High-Voltage Substation Arc
Won by Berman & Simmons.
A Vermont jury awarded $22.5 million, the second-largest verdict in state history at the time, to a Maine utility lineman who lost both legs below the knee after an ungrounded, defectively installed air-break switch at a Richford substation released a 5,000-degree electrical arc through his body.
What happened
On the morning of September 28, 2006, Michael Hemond, a lineman for the Vermont Electrical Cooperative, was sent to Frontier Communications' substation in Richford, Vermont, to open Switch 14E and de-energize a section of high-voltage lines scheduled for repair. When Hemond operated the switch, an electrical arc formed at the switch and flashed across the support structure. The arc, burning at roughly 5,000 degrees, entered through his left elbow and exited through his legs. Emergency surgeons had to amputate both of Hemond's legs below the knee. He was hospitalized for 50 days.
The investigation revealed that Switch 14E had been installed without insulating components that were available from the manufacturer and without proper grounding. Frontier Communications, which had inherited responsibility for the substation through a corporate reorganization, was responsible for upgrading the substation. The company had selected the switch and designed its installation, but omitted safety features that would have prevented the arc from reaching the operator. Several co-defendants settled before trial; Frontier declined.
The case came to trial in January 2014 in Chittenden County Superior Court in Burlington. After more than four and a half years of litigation and three weeks of testimony, the jury deliberated and returned its verdict on February 7, 2014. Timothy Kenlan and Benjamin Gideon of Berman and Simmons, together with John Evers of Shoup, Evers and Green in Burlington, tried the case for Michael and Tracey Hemond. Gideon served as lead trial counsel.
The jury awarded $22,497,211 covering past and future medical costs, prosthetic devices, lost earning capacity, lost enjoyment of life, and loss-of-consortium damages for Tracey Hemond. The award was the second-largest jury verdict in Vermont history at the time. The Vermont Supreme Court subsequently affirmed rulings on indemnification cross-claims among the defendants (No. 2014-236, April 17, 2015); the personal injury verdict itself was not reduced.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Mainebiz (May 29, 2019): Berman & Simmons attorney Benjamin Gideon and his $22.5 million Vermont electrical-injury verdict·Archived copy
- 2.FindLaw: Hemond v. Frontier Communications of America Inc., Vermont Supreme Court, No. 2014-236 (Apr. 17, 2015)
- 3.Justia: Hemond v. Frontier Communications, Vermont Supreme Court, No. 2014-236 (2015)·Archived copy
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