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TAMPA — Was it a lack of common sense or utility company negligence that prompted a 16-year-old boy to climb a power pole, get shocked and fall 35 feet and into paralysis?
That's the question behind a lawsuit one of Tampa's best-known lawyers, Barry Cohen, filed this month on behalf of Alexander "Avi" Davidson.
"If you look at this from the perspective of a child, then you know what's common sense to a teenager is not common sense to an adult," Cohen said. "The company is charged with a responsibility knowing that teenagers do things like that. Their brains aren't fully developed. They make bad decisions or decisions an adult wouldn't do, in part, because they're still kids. It's the responsibility of TECO to know that."
On Oct. 1, 2009, the Gaither High School student and avid photographer was taking photos at the Northdale Soccer Field when he set about capturing the sunset.
He saw a nearby 35-foot power pole, climbed to the top, took pictures and came in contact with a power line. The jolt threw him to the ground.
Davidson, an active boy who dreamed of becoming an Eagle Scout, was burned extensively. His left arm had to be amputated from the elbow and he was left paralyzed below the waist.
The lawsuit, for damages in excess of $15,000, calls Tampa Electric Co. negligent for not blocking access to the pole or warning people of its dangers.
"There's no question that this is a terrible tragedy, and our thoughts and prayers continue to go out to Avi's family," Tampa Electric spokesman Rick Morera said. "However, we don't feel the company is to blame for this accident and we, as a company, are prepared to vigorously defend ourselves."
The lawsuit listed several factors that contributed to Tampa Electric's alleged negligence: The pole was anchored to the ground at an angle. There are no fences around it. The pole was not marked with signs. There are no "anti-climbing" devices on the pole, such as slippery galvanized spikes or barbed wire.
Tampa Electric knew children and teens play near the power pole and should have done everything to make sure its power poles are off limits, the suit said.
Cohen said his law office has determined that kids often climb power poles at the park.
The company "had a duty and was responsible for a heightened degree of care to members of the public including Avi," the suit contends.
The suit cited a Florida statute that requires utilities to operate in a "safe, efficient and proper condition," and claims tree overgrowth near the pole helped Avi climb it.
Justin George can be reached at (813) 226-3368 or jgeorge@sptimes.com.
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