Representative Cases

Case Summary -- Lee James Crews v. Excalibur Cable Communications, et al.

Robert L. Ferguson, Jr. and Ann D. Ware won summary judgment in favor of the general cable company contractor, Excalibur Cable Communications. Excalibur Cable, along with the various sub-contractors, was sued by Plaintiff, an employee from Washington Gas Company, when he was severely burned by a gas explosion. Plaintiff had been sent, as part of his employment, to a residential neighborhood to control and alleviate a gas leak which was caused when a cable sub-contractor struck a gas line while attempting to lay cable wires. Plaintiff was operating a backhoe which misfired, creating a spark, which caused an explosion. The explosion resulted in severe burns to Plaintiff’s face and caused Plaintiff be out of work for over six months. Plaintiff contended that Defendants were negligent in causing the gas leak and thus liable for the injuries he suffered. Mr. Ferguson and Ms. Ware filed a Motion for Summary Judgment on behalf of Excalibur Cable arguing that Plaintiff assumed the risks of his injuries. The argument was based on the defense of primary assumption of risk, which is the theory upon which the Fireman’s Rule is premised. He argued that since Plaintiff was a employee of Washington Gas, whose job responsibilities were to respond to and dissipate gas leaks, that he assumed the risks of his injuries and was thus barred from recovery. Plaintiff clearly stated in his Complaint and under oath in his deposition that he was aware that the area was dangerous, that he understood that a spark could cause an explosion and that an explosion could result in a fire. Plaintiff further testified that the need for his job and responsibilities arose from circumstances where some event happened to cause a leak in a gas pipe. In addition to written Memoranda of Law filed with the Court, Mr. Ferguson argued the Motion before The Honorable Judge Lombardi who agreed with his arguments and held that the doctrine of primary assumption of risk barred Plaintiff from bringing a claim against Defendant.