DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
183244P.pdf 01/17/2020 Nicholas Meyer v. McKenzie Electric Coop., Inc.
U.S. Court of Appeals Case No: 18-3244
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges]
Civil case - Torts. Plaintiff's employer was an independent contractor for
the project on which plaintiff was injured, and defendant McKenzie did not
maintain the kind of control over the employer's work which would make it
liable for the employer's acts or omission; neither McKenzie's interest in
completion of the project or its periodic inspections created enough
supervision to manifest actual control over plaintiff's employer; North
Dakota has declined to hold a utility company strictly liable for injuries
and damages from contact with high tension power lines and McKenzie was
not liable under a theory of strict liability for abnormally dangerous
activities.