PHILADELPHIA – Chicago-based Exelon Corporation has been dismissed from a lawsuit filed by Southeastern Pennsylvania Transportation Authority (SEPTA) employees against it, the Pennsylvania Department of Transportation the City of Philadelphia and PECO Energy company, for injuries they allegedly sustained in a gas leak explosion in 2016.
On Aug. 30, Philadelphia County Court of Common Pleas Judge Shelley Robins-New announced that Exelon was no longer a party to the case.
“It is hereby stipulated and agreed by and between the undersigned counsel on behalf of their respective clients that: It is hereby stipulated and agreed that any and all claims against named defendant, Exelon Corporation, are hereby dismissed with prejudice from this action and without costs against any party,” Robins-New said.
Earlier this year, Philadelphia Gas Works had filed a cross-claim suit in the Philadelphia County Court of Common Pleas on March 26 versus Exelon and PECO of Philadelphia (prior to Exelon being dismissed from the litigation).
The instant matter begins with an underlying lawsuit filed by SEPTA employees Jason Melcher and Alberto Lopez on Sept. 12, 2017 (along with a second action last year, which was later consolidated). Both men say they were injured in a Dec. 14, 2016 manhole explosion, at 49th Street and Warrington Avenue in Philadelphia.
They claim post-accident excavation revealed that the explosion was the result of SEPTA’s power cable making contact with PGW’s gas main, thus burning a hole into it, allowing natural gas to escape towards the 49th Street and Warrington Avenue intersection and igniting on Dec. 14, 2016.
“As a result, of the aforesaid leak, the Melcher-Lopez plaintiffs were injured through no fault or negligence on the part of PGW. If the SEPTA employee plaintiffs recover damages against PGW in this matter, PGW avers that Exelon and PECO are alone liable for the plaintiffs’ damages. If PGW is determined to be negligent in this matter, the same being specifically denied, it is averred that the defendant, PECO, is jointly and severally liable with PGW and/or liable over to PGW for any recovery damages against PGW,” their filing stated.
PGW seeks indemnity from paying damages to Melcher and Lopez and against PECO, in an amount in excess of $50,000.
The plaintiff is represented by Ramon D. Townsend in Exton.
Philadelphia County Court of Common Pleas case 181201447
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com