Jury Awards $20 Million to Boy Burned by 13,200 Volts in Virginia Power Substation

On July 21, 1996, a ten-year-old boy living in a Richmond, Virginia apartment complex found his way into an adjacent Virginia Electric and Power Company substation. The substation sat directly next to an outdoor common area where residents and children routinely gathered. The fence meant to secure the facility had not been properly installed or maintained, and the gap allowed the child to enter.

Once inside, he contacted a 13,200-volt electrical source. The resulting injuries were catastrophic: third-degree burns to his head, face, neck, arms, hands, and chest, covering 25 percent of his body. He was treated at Shriners Hospital and underwent eight surgical operations, including skin grafts. Medical experts testified that he would require additional reconstructive procedures into the future and would carry permanent scarring and disfigurement.

Attorneys Jeffrey Breit and Michael Imprevento, along with co-counsel, brought the case to trial in the Circuit Court of Charles City County, where Virginia Power's motion to move the case to Richmond was denied. The theory centered on Virginia Power's negligence in failing to properly install, inspect, and maintain the perimeter fence. Evidence showed the utility had knowledge or constructive notice of the deficiency and took no corrective action before the injury occurred.

The jury returned a verdict of $20,000,000 in compensatory damages. Virginia Power moved to set aside the verdict and sought remittitur, arguing the award was excessive. The trial court denied both motions. Virginia Power then appealed to the Supreme Court of Virginia.

In its September 17, 1999 opinion, the Supreme Court of Virginia affirmed the verdict without reduction. The court rejected each of Virginia Power's assignments of error, including challenges to the sufficiency of the evidence on negligence and to the size of the damages award. The $20 million judgment stood in full.