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Justia Opinion Summary
Plaintiff filed suit against Edison, alleging claims related to the flow of electricity due to neutral-to-earth voltage (NEV) that came from Edison's electrical substation and flowed onto plaintiff's property. On retrial, the jury found in favor of plaintiff and awarded her damages on her nuisance claim, but the trial court denied plaintiff's motion for attorney fees. Both parties appealed. The Court of Appeals held that, based upon the evidence presented at trial, the court could not conclude as a matter of law that the harm plaintiff suffered did not outweigh the public benefit of Edison's conduct. The court held, however, that the trial court erred in admitting irrelevant evidence related to stray voltage incidents involving prior owners or tenants of the house or other properties, and that the admission of that evidence was prejudicial to Edison. Accordingly, the court reversed the judgment and remanded for retrial of the nuisance claim. The court dismissed as moot plaintiff's cross-appeal.
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Primary Holding
Action alleging claims related to the flow of electricity due to neutral-to-earth voltage (NEV) that came from Edison's electrical substation and flowed onto plaintiff's property, reversed and remanded in part, and dismissed in part.
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