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Keywords

plaintiffnegligencetrialsummary judgment

plaintiffdefendantnegligencetrialmotionsummary judgmentappellantmotion for summary judgment

Related Cases

Eckroth v. Pennsylvania Elec., Inc., 12 A.3d 422, 2010 PA Super 235

Facts

The case arose from a fire on May 14, 2005, at the home of John Sexton and Dolores Hammond, where several guests died. Penelec had disconnected the electricity two days prior due to nonpayment. On the night of the fire, Sexton lit candles for light, one of which fell and ignited a fire. The plaintiffs claimed Penelec's negligence in disconnecting the service caused the fire and subsequent deaths.

On May 11, 2005, Defendant Penelec, citing chronic nonpayment of bills, terminated electrical service to the home. Beginning that date Dolores Hammond began contacting Penelec and Interactive Performance Incorporated (IPI), a subsidiary of [OSI], 1 that provided billing and customer care services for Penelec, to inquire into the termination of service and seek a resolution to the ongoing dispute between Sexton/Hammond and Penelec over the utility bill.

Issue

Did the trial court err in concluding that Penelec's negligence was not the proximate cause of the fatal fire?

DID THE TRIAL COURT COMMIT SEVERAL ERRORS OF LAW IN CONCLUDING, BASED SOLELY ON THE CONDUCT OF SEXTON, THAT PENELEC'S NEGLIGENCE WAS NOT THE PROXIMATE CAUSE OF THIS FATAL FIRE?

Rule

To establish negligence, plaintiffs must show a duty owed, a breach of that duty, a causal connection between the breach and the injury, and actual loss. Proximate cause must be established, meaning the breach must be a substantial factor in bringing about the harm.

To prove their negligence claim, Plaintiffs/Appellants were required to establish: a legally recognized duty or obligation owed them by Penelec; a breach of that duty; a causal connection between the breach of duty and the resulting injury; and actual loss or damage suffered by plaintiffs.

Analysis

The court applied the rule of proximate cause, determining that the actions of the residents, particularly leaving a lit candle unattended, were intervening causes that broke the causal chain. The court noted that the time lapse of two days between the disconnection and the fire allowed for reasonable alternative lighting solutions, which further attenuated the connection between Penelec's actions and the fire.

Applying Section 433 to the facts of the present case as read in a light most favorable to non-movant Appellants, we initially stop short of adopting the trial court's opinion that the termination of power created a situation which was in and of itself harmless, as described in subsection 433(b), as we deem Penelec's act a factual, “but for” cause of the harm suffered according to prevailing authority cited supra.

Conclusion

The court affirmed the summary judgment in favor of Penelec, concluding that its alleged negligence was not the proximate cause of the fire and deaths.

Accordingly, we affirm the order granting Penelec's motion for summary judgment, as it was entitled to judgment as a matter of law.

Who won?

Pennsylvania Electric, Inc. (Penelec) prevailed because the court found that the causal connection between its actions and the fire was too remote, and the residents' decisions were intervening causes.

Finding neither error of law nor abuse of discretion in the court's ruling, therefore, we affirm.

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