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January 2013

Circuit Court Of Lauderdale County Granted Summary Judgment In Favor Of Cable Provider

Circuit Court of Lauderdale County, MS granted summary judgment in favor of cable provider, dismissing plaintiff’s claims that provider should have marked a guy wire extending from the utility pole.  Plaintiff alleged that he was thrown from his motorcycle by an unmarked guy wire.  The court found there was insufficient evidence to establish that the utility pole and guy wire were exposed to pedestrian traffic so as to create a duty under the National Electric Safety Code to provide a “substantial and conspicuous marker” on the guy wire.