Jon Campisi Sep. 28, 2012, 5:49pm

PECO Energy Company is suing the Pennsylvania Department of Transportation over

claims that one of its utility poles was damaged by a PennDOT snowplow.

The public utility filed suit against the state’s transportation agency on Sept. 25 at the Philadelphia Court of Common Pleas.

The suit was filed by Philadelphia attorney Todd D. Eisenberg.

In its civil action, PECO alleges that PennDOT employees snapped a utility pole owned by the plaintiff on Dec. 26, 2010, while PennDOT employees and/or contractors were working to clear snow at or near Warfield and Reed Streets in the City of Philadelphia.

The lawsuit claims that under the doctrine of Respondent Superior, the transportation agency is responsible for the negligence of its employees and contractors.

PECO accuses the defendant of operating a vehicle at an unsafe speed, failing to maintain a proper lookout, failing to have a vehicle under proper and adequate control, and being otherwise careless, reckless and negligent under the circumstances.

In addition to the negligence count, there is also a trespass count in the complaint.

PECO seeks judgment against the defendant in the amount of $20,800.93, which the company claims is the amount of damages related to the broken utility pole.


The case ID number is 120902904.

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