Earlier this year, the Arkansas Court of Appeals issued a written opinion in a motorcycle accident case that was brought by a man who was injured when an overhead cable was accidentally pulled down by a passing tractor. The issue presented to the court was whether the owner of the wooden poles that held the cable could be held liable to the plaintiff for his injuries. Ultimately, the court determined that the owner of the poles did not owe a duty of care to the plaintiff, and the plaintiff’s case was dismissed.
The plaintiff was riding a motorcycle behind a tractor on a rural road when the tractor’s sickle caught an overhead cable, pulling it down. The cable fell, causing the plaintiff to lose control of his motorcycle and ultimately resulting in a crash. The plaintiff filed a personal injury lawsuit against several parties, including the driver of the tractor as well as the company that owned the wooden poles that held up the cable.
The company that owned the poles was not the same company that owned the cable. However, the company that owned the poles had previously entered into an agreement with the cable company to allow the placement of the cables.