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Initial review by Public Utilities Commission of Ohio may be required to determine liability in personal injury claims 

7/22/24

By: Eric M. Coglianese

In a recent decision, the Ohio Supreme Court ruled that wrongful death claims against the utility, East Ohio Gas Company (“East Ohio”), were first required to be reviewed by the Public Utilities Commission of Ohio (PUCO) rather than a trial court. This decision comes in response to a lawsuit filed by William Vigrass, the brother of Virginia Vigrass, against East Ohio, doing business as Dominion Energy (now part of Enbridge, Inc., but referred to throughout as Dominion) for disconnecting gas service to Ms. Vigrass’ residence.

During the COVID-19 pandemic, 81-year-old Virginia Vigrass – who was immunocompromised – denied Dominion inspectors entry to her residence to inspect her gas meter. Despite her condition and the fact that she was paying her gas bills, the company shut off her gas services. This disconnection led to her home’s pipes bursting, flooding the residence. Tragically, Ms. Vigrass was later found dead as a result. In response, William Vigrass sued the utility on behalf of her estate in the Cuyahoga County Court of Common Pleas. Judge Peter Corrigan initially rejected a motion to dismiss the complaint for lack of jurisdiction, reasoning that the complaint asserted claims of common-law negligence, destruction of property and wrongful death which the common pleas court traditionally considers. Dominion then sought a writ of prohibition from the Supreme Court of Ohio, seeking to prohibit Judge Corrigan from hearing the case.

The Ohio Supreme Court had to decide whether the case fell under the jurisdiction of the Public Utilities Commission of Ohio (“PUCO”), relying upon its 2008 decision in Allstate Ins. Co. v. Cleveland Elec. Illum. Co. This decision established the following two-part test to determine if a complaint should go to the PUCO: (1) the complaint must require the commission’s administrative expertise and (2) the complaint must involve practices typically authorized by the utility. The Court highlighted that the family’s lawsuit focused on the gas shut-off as the cause of property damage and Ms. Vigrass’s death, citing Dominion’s failure to follow winter service disconnection laws. It concluded that assessing Dominion’s compliance with these laws necessitated PUCO’s expertise, including whether Dominion was authorized under state law to terminate service if access to metering equipment was denied.  

Given this ruling, utility companies and their attorneys should be cognizant of any personal injury claims brought against them in the trial court that were not brought before the Public Utilities Commission of Ohio. Any such complaint may be the subject of a motion to dismiss for lack of jurisdiction.  

Please do not hesitate to contact Eric M. Coglianese at eric.coglianese@fmglaw.com or your local FMG relationship partner to discuss this critical case.