A wrongful death lawsuit against Dominion Energy Ohio for shutting off a paying customer’s gas service must start with the state utility regulator before moving to common pleas court, the Supreme Court of Ohio ruled today.
In a unanimous per curiam opinion, the Supreme Court directed Cuyahoga County Common Pleas Court Judge Peter Corrigan to take no further action in a case filed by the estate of Virginia Vigrass. The family explained that during the COVID-19 pandemic, Vigrass refused to allow Dominion inspectors to enter her Lakewood home to inspect the gas meter. Even though she was paying her gas bill, the company shut off Vigrass’ gas service in January 2022. The pipes in her home burst and flooded the residence, and Vigrass was found dead and frozen to the floor.
East Ohio Gas Company, which does business as Dominion, argued that the Vigrass family lawsuit centers on the allegation that the company violated state laws regarding properly disconnecting gas service. Complaints about gas service issues are exclusively within the jurisdiction of the Public Utilities Commission of Ohio (PUCO), the company asserted.
The Court agreed. The opinion stated that a utility could be required to pay triple the amount of damages caused by a service violation, but the PUCO must first determine if the utility committed misconduct. If the PUCO finds the utility at fault, a common pleas court can consider the claim for damages, the Court concluded.
In October 2021, Dominion requested access to Vigrass’ home to inspect the meter inside. Because she was immunocompromised and susceptible to COVID-19, she did not allow Dominion to enter. The company attempted to contact her in subsequent months via phone and paper notices. Vigrass did not respond to phone calls but sent letters to Dominion. Her family alleges that Dominion did not respond to these letters.
Her gas service was disconnected on Jan. 10, 2022. Concerned neighbors notified police about not seeing Vigrass. On Jan. 29, 2022, police found her residence flooded and Vigrass frozen and dead.
Vigrass’ brother filed a wrongful death lawsuit against Dominion in November 2022. He also argued other common law claims, including negligence and destruction of property. Dominion asked Judge Corrigan to dismiss the case, arguing that common pleas court did not have jurisdiction over it. Judge Corrigan denied this motion.
Dominion then sought a writ of prohibition from the Supreme Court seeking to prohibit Judge Corrigan from hearing the case and asking that any orders issued by him be vacated.
The Court has previously ruled that common pleas courts do not have jurisdiction over complaints regarding a utility’s rates and services because of a comprehensive statutory scheme for regulating public utilities' business activities established by General Assembly statutes.
The opinion noted that under R.C. Chapter 49, complaints can be filed with PUCO against any utility whose services are unjust or unreasonable or violate laws.
Vigrass’ family argued that their case is not about “rates or services” but rather about harm caused by failing to acknowledge dangers associated with shutting off gas service during winter in Northeast Ohio.
The Court had to determine whether this case centers on rate and services complaints using its two-part test developed in its 2008 Allstate Ins. Co. v. Cleveland Elec. Illum Co decision: requiring administrative expertise from PUCO and involving practices normally authorized by utilities.
The Court noted that Vigrass’ family lawsuit repeatedly points out that shutting off service caused property damage and her death while citing Dominion’s failure to comply with R.C 4933 .12(C) regarding winter disconnections as an issue needing PUCO's expertise for determination.
Reviewing whether state law authorizes terminating service when access isn’t granted revealed such authorization exists under state law allowing termination if metering equipment access isn’t provided without resolving merits questions left for commission resolution instead vacating all previous orders issued by Judge Corrigan accordingly.