Settlement Reached In Dog's Electrocution

Dog Brushed Against Metal Rebar In Parking Lot

A man whose dog was electrocuted while walking through a parking lot has settled with two construction companies he had sued for negligence.

The monetary settlement between Scott Evans and the contractors, Sabell’s Enterprises LLP and Palace Construction Co. Inc., was for an undisclosed sum, said attorneys with The Animal Law Center of Wheat Ridge.

Evans was walking his dog Asha across a parking lot on West 38th Avenue in Denver in October 2009 when Asha brushed against a metal rebar stake sticking out of the ground and began yelping.

It turns out, the spike had been driven too far underground, directly into a live electrical line. Evans’ lawyers said the stake sent 277 volts through Asha, killing her.

"Evans was also shocked while trying to rescue his dog. While he did not sustain any serious injuries, Evans was traumatized watching Asha die an agonizing death," said Jennifer Edwards, Evans' attorney.

Evans sued for gross negligence contending the contractors did not properly mark the area.

But Sam Sabell, owner of Sabell’s Enterprises, told 7NEWS in a September 2010 interview that he and others did take safety measures, and were aware of the location of the live electrical line.

"The line had been pointed out. We thought we were clear of the line, and we were pounding them in, so we didn't think we had an issue," said Sabell.

Sabell said he brought up the possibility that the stakes, which measured 24 to 30 inches, were too long for an electrical line that was buried 18 to 24 inches underground. But Sabell said others disagreed and he was overruled.

“I bear some responsibility, yes,” said Sabell. “But also I was instructed to do this.”

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