Family of Andover man electrocuted settles suit against township, JCP&L for $9.4M

Andover Township and Jersey Central Power & Light agreed to pay $9.4 million to settle a lawsuit filed by the widow of a township man electrocuted by a fallen power line during a 2018 nor'easter.

The agreement brings to close a lawsuit filed four years ago by the family of Eric Thomas, 41, a husband and father to two children who died March 2, 2018 after he had ventured outside his brother's home during a brutal winter storm to investigate flames that had set brush ablaze. Thomas, a former elementary school gym teacher in Dover, was killed when he made contact with the electrical wire, although how that occurred was contested by all parties in the days leading up to the impending trial in state Superior Court in Sussex County.

Thomas' family sued FirstEnergy Corporation and its subsidiary Jersey Central Power & Light, who services more than half of Sussex County, for compromising Thomas' safety after failing to respond in a timely manner to turn off the voltage. The Township of Andover was also sued, which included the police and fire department, after it was alleged they failed to properly station an officer at the scene and upon receiving calls, dispatchers failed to alert residents of the downed wire.

FirstEnergy and JCP&L agreed to pay $8.5 million toward the settlement and Andover Township added an additional $925,000.

Attorneys representing FirstEnergy and JCP&L and Andover Township did not return requests seeking comment.

Around 5 p.m. on March 2, 2018, residents on Lenape Avenue in the township began calling JCP&L, FirstEnergy and 911 after the winter storm knocked down a power line, according to the lawsuit. An Andover Township police officer and members of the fire department responded around 5 p.m. and placed traffic cones and caution tape along where the power line was. The officer and fire department members notified JCP&L and left around 5:30 p.m. Prior to leaving, they did not leave a member of either department to remain at the scene, did not close off the roadway to vehicles and pedestrians and police nor dispatchers did not alert any residents to the downed line, Gina Sorge, an attorney for the Thomas family argued.

Shortly after, the line caused a brush fire and the neighborhood lost power, records show. A bright flame could be seen from the deck of Thomas' brother's house, where Eric Thomas was living, the brother said during a pre-trial deposition. Eric Thomas was "curious" and went outside to inspect around 6:30 p.m. He was apparently unaware there was a downed line.

Sorge said several residents called 911 to report the fire and when an officer arrived on scene, Thomas had already been electrocuted.

Sorge had argued JCP&L or FirstEnergy did not arrive on scene until after 7 p.m., nearly two hours after being called to the scene. She pointed to a 2013 emergency plan formulated upon orders of the New Jersey Board of Utilities in the wake of 2012's Superstorm Sandy that FirstEnergy was "obligated" to have personnel on scene within 90 minutes. The company's attorneys, however, argued that it was inaccurate and that personnel are required to "mobilize" within 90 minutes of notification. He further stated that FirstEnergy does not deploy personnel and instead it is done through "mutual assistance" organizations who were at the time experiencing limited resources due to the weather. Under the emergency plan, personnel are dispatched through FirstEnergy offices in Ohio and West Virginia, who then relay the information to a JCP&L dispatcher in New Jersey.

"Such personnel borrowed from other states and at long distances cannot be immediately teleported hundreds of miles," Gregory Kunkle, one of two attorneys representing JCP&L and FirstEnergy, said in court records.

The nor'easter that hit New Jersey on March 2 was the first of three storms in March 2018 and was expected to be an all-rain event, but was quickly turned into a high-wind snow storm, the New Jersey Board of Utilities said in a storm recap that was submitted by defense attorneys.

Defense attorneys argued the weather event was "unpredicted" and did not form until the morning of the incident, which further hampered travel conditions for JCP&L and FirstEnergy personnel.

Sorge also planned at trial to introduce testimony by an expert in the field of electrical systems safety who opined in court records that he did not believe Thomas grabbed the downed line but instead was electrocuted via contact with a voltage gradient across the ground, called a "step potential." FirstEnergy alerts residents to keep 30 feet away from downed lines.

Floyd believed Thomas, as he approached the burning brush fire near the downed line, began to feel the effects of "step potential" and became paralyzed and involuntarily came in contact with the live power line.

Defense experts contended in their own reports that Thomas grabbed the downed wire with both hands. Thomas' hands were burned, Floyd agreed.

The Occupational Safety and Health Administration recognizes that exposure to greater than 50 volts presents a risk of serious injury and fatality. The downed power line in this incident was energized at 4,800 volts.

Thomas' widow and their children, through a trust fund, will receive around $6.6 million, while the remainder of the settlement will go toward attorney and expert fees.

Thomas was a "wonderful father, son, brother, and a friend to many," according to his obituary. He was a teacher, coach, plumber and loved the outdoors, the obituary stated. A GoFundMe, purportedly set up by a friend to benefit his children, garnered over $26,000 shortly after Thomas' death.

Lori Comstock can also be reached on Twitter: @LoriComstockNJH, on Facebook: www.Facebook.com/LoriComstockNJH or by phone: 973-383-1194.

This article originally appeared on New Jersey Herald: Andover Township NJ family settles JCP&L electrocution lawsuit