After death of KC tree trimmer, lawsuit alleges Evergy tech said lines were safe
A Kansas City mother filed a wrongful death lawsuit against local power company Evergy this week, after her son was electrocuted while trimming trees and died days later, court records show.
The lawsuit, filed against Evergy in Jackson County Circuit Court Thursday, claims that before the tree trimming crew got to work, an Evergy technician indicated the power lines they were working near had be de-energized. The suit also claims the power line that shocked the worker didn’t have adequate safety features.
The lawsuit identifies Kessler Brockman, 23, as the Asplundh tree trimmer who was electrocuted while working in the 2400 block of Brighton Avenue Oct. 8. Brockman died from his injuries last Sunday.
The lawsuit is filed on behalf of Brockman’s mother, listed in the lawsuit as Tracy Brock. Tim Dollar, one of Brock’s attorneys, declined to comment Friday.
In response to a request for comment, Evergy spokeswoman Courtney Lewis said the utility does not comment on pending litigation.
Brockman electrocuted while trimming trees
On the day he was electrocuted, Brockman and his work crew were removing limbs that were close to Evergy power lines, the lawsuit said.
Before the work started, an Asplundh supervisor contacted Evergy to request the lines be de-energized, and an Evergy technician responded and “attempted to de-energize the lines,” attorneys wrote in the lawsuit. The Evergy technician then “represented” to Asplundh employees that the lines had been de-energized and it was safe for them to proceed, the lawsuit said.
Brockman and the crew got to work. As he ascended higher in a tree, Brockman placed a rope around a larger limb to secure it before he began to cut. As he finished his cut, the limb struck the primary power line and hit Brockman, sending high-voltage electricity through his body. He suffered “catastrophic injuries,” the lawsuit said.
Brockman was unable to free himself for about 20 seconds, and during that time, the power line “failed to trip or shut down as it should have through its protective reclosure mechanism,” attorneys wrote.
The lawsuit faulted Evergy for not having proper protective features, including “functioning automatic reclosures or circuit interrupters designed to trip and cut power when contact occurs.”
First responders were summoned to the scene, as Brockman’s foreman put on climbing gear, ascended the tree and assisted in lowering him to the ground. The process took about 20 minutes, the lawsuit said.
Brockman was taken to an area hospital in critical condition, and eventually died Oct. 12.
Family claims wrongful death
Brock claims she suffered damages after her son’s death due to negligence by the utility provider.
The lawsuit claims Evergy failed to de-energize power lines as promised and the technician failed to verify it was safe for the crew to continue its work. The utility company also gave false safety assurances to the crew and failed to properly maintain protective devices on their lines, according to the suit.
Brock demands a jury trial and seeks damages for funeral and medical expenses, and for her pain and suffering, the suit says.
A visitation is scheduled from 4-7 p.m. Oct. 23 at Hidden Valley Funeral Home of Kearney, 925 E. State Route 92. A memorial service will be held at the same location at 10 a.m. Oct. 24.
