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Widow to sue utility in husband's death
By MICHAEL SANDLER, Times Staff Writer LARGO -- The widow of Andrew Miller, who died last month after a live power line prevented rescuers from trying to save his life, has formally notified Florida Power Corp. that she intends to sue for damages. An attorney for Jena Miller said Wednesday she wants to know why it took the private utility company 37 minutes to shut off the 7,200-volt distribution line that fell on her husband's car. Miller, 21, died Dec. 11 from injuries sustained after he slammed into a utility pole off Starkey Road south of East Bay Drive. Rescuers found him breathing but had to wait for the power crew to cut the wire. Attorney Joseph H. Saunders has sent Florida Power a letter indicating a forthcoming lawsuit. "Just about any citizen, if they are called to help in an emergency situation, they would drop everything to get there immediately," said Saunders in an interview. "Why a big company would be less willing to help out is a question that needs to be answered." John Strickling, a spokesman for Florida Power, said the company has no comment on the pending lawsuit. Initially, the company said the crew was 5 to 7 miles away, tending to an outage in Bardmoor. But it has repeatedly refused to answer questions about the delay or say whether any employees have been disciplined over the matter. Strickling has said in most cases Florida Power employees can switch off power from remote locations. But he would not say if the dispatcher who received five emergency calls from 911 operators that night had that capability. Time will be a factor should the case go to trial. Firefighters said they watched from afar as Miller's chest heaved for 28 minutes before he stopped breathing. Dr. Susan Ignacio of the Pinellas Medical Examiner's Office performed the autopsy. She would not say if Miller might have had a chance to survive if rescuers could have treated him sooner. The autopsy revealed Miller died from head injuries, including a skull fracture, internal bleeding and bruises under his scalp. Toxicology tests showed that he had marijuana in his urine, but doctors said that could have been inhaled weeks before the accident. No alcohol was found in tests. Ignacio ruled that Miller committed suicide. She made the ruling, she said, by interpreting information gathered by a medical examiner investigator at the crash and the Largo Police Department's investigation, which included two reports that Miller threatened suicide in May and November of last year. The ruling troubles the lead police investigator in the case. Suicide is just one possible explanation for the crash, said Officer Ryan Dulski. Yes, officers determined Miller never hit his breaks or tried to swerve. And Miller's family told officers he had been depressed before the accident. Moreover, a former employer told police he let Miller go shortly before the accident, Dulski said. But police never found a suicide note, Dulski said. And Miller was wearing his seat belt, a bizarre twist for a man trying to kill himself in an automobile crash, the officer said. Miller may have fallen asleep at the wheel, Dulski has said. "I will never make a conclusion on exactly why Mr. Miller hit that pole," said Dulski. Saunders said the medical examiner ruling was peculiar. "I think that is pretty ridiculous how a medical examiner can conclude mentally what is on a person's mind," Saunders said. "It is certainly not a question that a medical examiner on an autopsy should attempt to answer." The death leaves Jena Miller, 21, to care for the couple's two children, ages 3 and 1. Saunders said Miller deserves some answers. "She wants to know what happened here, why it happened and how to prevent it from happening to somebody else," Saunders said. -- Michael Sandler can be reached at (727) 445-4174 or sandler@sptimes.com.
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From the Times North Pinellas desks |
