A Delaware court has issued a ruling in the case of Deyanara Mojica Hichez v. Delmarva Power & Light Company, where a tree trimming worker, Rafael Mena Perez, was electrocuted while performing his job. The ruling, made on August 14, 2026, addresses the liability of several companies involved, including Delmarva Power & Light, Comcast, and Verizon. This decision is significant as it clarifies the responsibilities of utility companies regarding safety measures and maintenance of their equipment.
The case stems from an incident on August 2, 2018, when Mena Perez was working for Asplundh Tree Expert Company, which was hired by Delmarva to trim a tree near electrical lines. While performing his duties, Mena Perez was electrocuted and later died from his injuries. His family filed a lawsuit against Delmarva, Verizon, and Comcast, claiming that these companies failed to maintain their equipment safely, contributing to the fatal accident.
The dispute centers on whether the utility companies owed a duty of care to Mena Perez, who was an employee of an independent contractor. The case was brought to the Superior Court of Delaware, where both Delmarva and Comcast filed motions for summary judgment, seeking to dismiss the claims against them.
In the ruling, the court granted in part and denied in part Delmarva's motion for summary judgment. The court found that while Delmarva did not owe a non-delegable duty to Mena Perez, it could still be liable for failing to maintain a safe working environment. The court stated, "Delmarva owed no duty to warn of the defective condition of branches near electrical lines—the very hazard Mr. Mena Perez was hired to eliminate—[but] Plaintiffs point to other defective conditions that they argue caused Mr. Mena Perez's injuries." This indicates that the court recognized potential liability based on other unsafe conditions that may have contributed to the accident.
On the other hand, the court denied Comcast's motion for summary judgment, asserting that Comcast did owe a duty to Mena Perez. The court noted that Comcast's obligations stem from the Delaware Code, which requires cable companies to maintain their equipment safely, including vegetation management around communication lines. The court emphasized that Comcast's failure to manage the vegetation around its lines contributed to the dangerous conditions that led to Mena Perez's electrocution.
The ruling has significant implications for the future. It establishes that utility companies can be held liable for injuries sustained by workers, even if they are independent contractors, if it can be shown that the companies failed to maintain safe conditions. This case may set a precedent for similar cases involving workplace injuries related to utility maintenance and safety practices.
Looking ahead, the case could potentially be appealed by Delmarva regarding the court's findings on their duty of care. Additionally, there may be related cases pending that could further explore the responsibilities of utility companies in ensuring the safety of workers performing maintenance tasks near their equipment.