Family of boy shocked while climbing electrical tower considers lawsuit
by Jeff McShan / 11 News
HOUSTON—No matter who you are or where you live, life can change in an instant.
On March 7, it happened to Jordy Penaloza.
That afternoon, the 6th-grader with the big smile who lived soccer was shocked while climbing a four-sided tower near his northwest Harris County home.
Jordy was airlifted to Memorial Hermann Hospital with burns over 70-percent of his body and a broken back.
His mother, who spoke to 11 News through a translator, said her life changed in an instant that day, too.
She said when it first happened, she thought she was going to die, because doctors gave Jordy only 24 hours to live.
But her son pulled through, although no one is really certain when he’ll be well enough to go home.
Doctors have told Jordy that, in all probability, he’ll be a paraplegic for the rest of his life.
Now, six weeks after the accident, Jordy’s family is thinking about filing a lawsuit against CenterPoint Energy, the company that owns the power lines.
Attorney David Van Susteren said he visited the site where Jordy was injured.
"I thought it was a classic attractive nuisance. It would invite any young child and even older to climb it.
It was very easily accessible. It is right in the middle of a big, green field, and it just challenges young boys," Van Susteren said.
The tower is located in a green space that splits Jordy’s neighborhood, just west of Highway 290 near Huffmeister.
Because there aren’t any fences keeping people away, neighbors said kids on one side of the subdivision often pass under the towers to get to the neighborhood pool and playground.
But is CenterPoint, or even the neighborhood, at fault in Jordy’s case?
What about common sense, and the fact that there are several CenterPoint danger signs warning people about high voltage and telling them to keep off the towers?
"Our Texas Supreme Court has indicated that children of tender years who don’t appreciate the danger can make a recovery if certain factors are shown, but however, over 14 years old, it becomes more difficult. Almost as a matter of law, the courts will not allow a recovery in that instance," Van Susteren said.
The day of the accident, witnesses said they saw Jordy and two other boys climb the tower, and none of them ever came close to touching the wires.
But the electricity got to Jordy anyway.
"[It] arced from the power line to his body and fried him for a few seconds up there – burned him severely – and then he was thrust backwards off the tower and landed on the ground, which is what we think caused his back to get broken," Van Susteren said.
Some neighbors have started a petition drive demanding that fences be put up or anti-climbing devices installed.
CenterPoint would not comment on Jordy’s case, but 11 News learned the company often teaches the dangers of electricity in schools.
HOUSTON - A Houston area man is blaming a clogged toilet for his right foot being amputated. Oscar Batres said the trouble began when his toilet clogged and then overflowed last November from a sewage back-up at his apartment complex in Tomball.
"About an inch of water penetrated through the house," said Batres.
The sewage saturated his bedroom carpet. He said no one from the apartment complex came to clean up the mess. Batres did, but while clipping his toenails in the bathroom he cut his foot, which got infected.
"When I got home from work the next day I developed a fever," said Batres.
Batres' foot got worse and he was hospitalized for several days. Doctors told him the infection had spread throughout his body and if they didn't amputate he could eventually die. Batres agreed and the right foot was removed. Batres' attorney said the apartment management is to blame.
"In less than a week, this man's life was turned upside down. He was a father of three, had a full time job and now he's missing a leg," said Veronia Foley, Houston lawyer.
Despite missing half his leg, Batres is thankful to have survived.
"I am alive and I thank God for that," said Batres.
Batres has filed a lawsuit against the apartment complex. Apartment managers did not return phone calls for comment.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their
Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness."
-
U.S. Declaration of Independence, 1776, Thomas Jefferson, et al.
