In Neissel v. Rensselaer Polytechnic Institute , Jordan Neissel sued Rensselaer Polytechnic Institute (RPI) for injuries suffered while repairing a tripped circuit breaker.
After three electricians hired by RPI investigated a non-campus power outage, but were unable to determine the cause, RPI retained High Voltage Electric Service, Inc., which determined the problem stemmed from a voltage feed "fault" located somewhere in the basement of RPI 's Materials Research Center.
Neissel -- a "journeyman high voltage electrician" -- positioned himself in the basement where a High Voltage electrician had informed him it would be safe to work on cables contained within the metal cabinet. Unbeknownst to Neissel, RPI officials decided the Materials Research Center needed to be re-energized in order to preserve projects and experiments in the freezers, refrigerators, and incubators. Using an alternative voltage feed, power was restored to the building.
Those same officials later met Neissel in the basement to monitor the progress being made on the original voltage fault and watched as Neissel, (who thought that the equipment was still de-energized), reached in and "came into contact with the open blades and was shocked and severely burned."
Neissel incurred extensive injuries, including third, fourth, and fifth degree burns on his arms, torso, and hand. He also sustained significant muscle loss, resulting in a lack of strength, nerve damage, and an inability to produce oil or regulate heat in areas where he sustained skin grafts. Neissel also suffered from "posttraumatic stress disorder, flashbacks, nightmares, social isolation and panic attacks."
After he filed suit with the Columbia County Supreme Court alleging negligence on the part of RPI and High Voltage for failing to warn him the Research Center had been re-energized, the Supreme Court found in Neissel's favor and awarded him some $4 million in damages.
On appeal, the Appellate Division, Third Department, didn't buy RPI 's argument that Neissel's failure to verify whether the equipment was still de-energized or his failure to wear protective clothing shifted the responsibility for the accident. Instead, the AD3 found Neissel was harmed as a result of a "complete lack of coordination and breakdown in communication."
Who's got the power now?
To download a copy of the Appellate Division's decision, please use this link: Neissel v. Rensselaer Polytechnic Institute