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October 18, 2002

Settlement reached in electrocution case

By GREG STILES
Mail Tribune

PacifiCorp has reached out-of-court settlements with two former Central Point public works employees injured in a 1999 electrical accident and with the family of a co-worker who died in the incident.

Jason Menteer was electrocuted Aug. 30, 1999, when a copper tube he was holding severed a buried 121-volt power line. Menteer, foreman Randy McCartney and Robert Lund, who was badly shocked as well, were repairing a leaky residential water line on North Crest Drive.

Lund and McCartney filed suit Aug. 22, 2001, asking for compensation of $5 million each. The matter was settled on Oct. 4. Under the terms of agreement, the settlement sum was confidential. But both men received what their attorney Stephen Piucci called "a substantial" payment.

"We know that no settlement will resolve the loss felt by Jason’s family, co-workers and community," said Shannon Shoul of PacifiCorp Corporate Communications, adding the company doesn’t discuss facts of a case after it has been settled.

PacifiCorp’s settlement with the Menteer family was mediated by retired Clackamas County Circuit Judge Sid Brockley. It revolved around implementation of a training program for locators that would prevent similar accidents in the future.

"We share that concern," Shoul said, "and we are always doing everything we can to make our operations safer."

The Menteer family’s primary objective in negotiating a settlement was preventing future tragedies, said Roberta Menteer, Jason’s mother. She will participate in PacifiCorp’s revamped locator training program, though in what capacity is still being determined.

"I don’t think Pacific Power would have allowed that without this settlement," she said. "But that was my ultimate goal as a parent, to assure safety for workers. I believe that will happen."

Although PacifiCorp admitted no wrongdoing, Piucci said the settlement made it clear that his clients were victims, not culpable parties in the matter. A PacifiCorp countersuit was earlier thrown out.

"The early press blamed Randy McCartney for what happened," Piucci said this week. As foreman, McCartney made the decision to repair the line in the dark and the rain.

"That was not the case. PacifiCorp has had a history of bad and late locates and the city had it documented. The power company should’ve shut off the power at the time."

The city of Central Point was originally fined $11,100 by the Oregon Occupational Safety and Health Division, but the fine was later reduced to $5,000 in November 2000.

Reach reporter Greg Stiles at 776-4463 or e-mail business@mailtribune.com.




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