West Deer police officer sues utility after witnessing electrocution

A West Deer police officer who witnessed a man being electrocuted by a live wire is suing West Penn Power and Asplundh Tree Experts LLC, contending their negligence left him traumatized.

Edward Newman, a K-9 officer and volunteer with the West Deer Fire Department, watched as Terry Colton was electrocuted and burned after coming in contact with a fallen utility wire in April 2018.

The event has caused persistent trauma, Newman said in a lawsuit.

Newman is suing the two companies with one claim of negligent infliction of emotional distress and one claim of public nuisance.

A spokesman for West Penn Power said the company cannot comment on pending or active lawsuits.

Asplundh Tree Experts did not respond to requests for comment.

Newman was first to respond to a brush fire on Colton’s West Deer property. Colton had noticed the fire on the far edge of his yard and called the authorities to help subdue the flames.

Unbeknownst to them at the time, the fire had been caused by a failed wire that had fallen onto a bush. As Colton and Newman walked the grounds, they had no idea they were just a few feet away from a live wire.

“They’re putting the ground out, sort of scratching their heads, not realizing there’s this highly deadly line sitting just feet away from them,” said Brendan Lupetin, Newman’s attorney.

Once the fire was out, Newman started to walk back toward the road. That’s when he heard Colton call out, turned and saw him fall to the ground, according to the lawsuit.

Newman started toward Colton to help him, but as he drew closer, he saw the live wire resting on Colton’s chest. If he were to move any closer, Newman would have risked being electrocuted.

“He was forced to stand there and watch this horrific thing happen,” Lupetin said. “He was helpless to do anything about it.”

Newman inhaled the smoke from Colton’s burning body, according to the lawsuit.

Colton was electrocuted, caught fire and burned to death. Lupetin said it took about an hour for West Penn Power to shut down the electricity running through the line.

Newman’s lawsuit claims West Penn Power and Asplundh Tree Experts neglected an existing agreement to trim trees in the area around Colton’s property, allowing trees to come in contact with the power lines. When trees come in contact with the lines, Lupetin said, they cause overheating, which leads the lines to fail and fall to the ground.

The complaint also contends that the power lines running through Colton’s property should not have been energized in the first place. Colton had requested the lines be de-energized as early as 2011, according to the complaint.

“The power lines carried on West Penn utility pole(s) … did not serve any customers, residential or otherwise, and served no apparent commercial purpose,” the lawsuit states.

Since witnessing Colton’s gruesome death, Newman has experienced symptoms similar to post-traumatic stress disorder, Lupetin said. He has had difficulty sleeping, overwhelming depression, listlessness and anxiety. Lupetin said when Newman smells anything burning, he experiences disturbing flashbacks, reliving the “terroristic imaging” of Colton’s death.

The lawsuit was filed Thursday in Allegheny County Common Pleas Court. Lupetin said he has not yet received a response from West Penn Power or Asplundh Tree Experts.

Much of the case’s litigation is under way, thanks to a separate lawsuit brought by Colton’s family more than a year and a half ago. As a result, Lupetin expects trial dates could be set for within the year.