Public Utility

Public utilities require the assistance of litigators with a wide array of legal skills, including commercial, regulatory, environmental, investigative and personal injury litigation expertise. Ward Greenberg offers all these services, and more. We currently represent two major public utilities. On their behalf, we have handled a number of claims involving deaths, serious injuries and property damage arising from natural gas explosions, fires and electrocutions. As a result of our work with many highly qualified investigators and forensic experts, we are familiar with the NFDA standards, as well as the science of natural gas dispersion and electrical distribution. We also have experience representing these utilities in various commercial settings, in environmental litigation and in regulatory litigation.

Representative engagements include:

• Defending personal injury and property damage claims arising from a serious explosion, and working closely with metallurgists and geologists to establish third party liability for the explosion, and the resulting damage.
• Obtaining ruling in case of first impression alleging utility was liable for spoliation of evidence in failing to preserve allegedly defective utility pole damaged during severe storm.
• Representing utility in prosecution of claims against vendor which failed to timely manufacture and deliver conforming goods to be used in connection with major transmission system upgrade.
• Defending utility in personal injury and wrongful death action involving residential fire and explosion, after successfully precluding plaintiff’s proffered expert opinions on causation.
• Defending utility in property damage case arising from residential fire allegedly caused by defective service.
• Representing utility in unfair competition litigation, including injunction proceedings, brought by competitor seeking to enjoin utility from taking appropriate corrective action.
• Representing a utility in a negligence action brought by homeowner allegedly injured by contact with utility’s equipment. The claim was successfully defended on proximate cause grounds.
• Defending utility in personal injury and wrongful death case arising from residential gas explosion and subsequent fire caused by alleged failure to lock off gas service at residence.
• Successfully pursued substantial recovery from supplier of technical equipment in a commercial dispute involving marketing defect.
• Obtaining dismissal of action, on proximate cause grounds, alleging property damage claims arising from natural gas explosions of two homes due to flood waters.
• Assisting utility in developing presentation at administrative hearing before Department of Public Service involving dispute with energy service company.
• Representing utility in defense of subrogation claim brought by homeowner seeking recovery for damages caused by natural gas explosion. The claim was discontinued after successful showing of third party liability through development of expert proof.
• Representing a utility with respect to persons seeking medical monitoring, personal injury and property damages arising from their alleged exposure to PCBs.
• Defending wrongful death and serious personal injury claims arising from electrocutions.