PITTSBURGH – A local contractor seeks to strike punitive damages from a lawsuit brought by a Tyrone woman, who claimed that its negligence in piercing an underground gas main and failing to report the subsequent leak led to the death of her mother from exposure to the gas.
Dana L. Daugherty (individually and as Administratrix of the Estate of Anna L. Hunsicker, deceased) of Tyrone first filed suit in the Allegheny County Court of Common Pleas on Feb. 18 versus Glenn Johnston, Inc. of McKeesport.
In or around September 2020, Tyrone Borough began a multimillion-dollar waterline replacement project at that time and retained the defendant to perform and complete the project.
Meanwhile, the decedent was residing at a home on the 1300 block of Pennsylvania Avenue in Tyrone as the work was being performed.
“On or about July 26, 2021, Glenn Johnston, Inc. was actively working in front of and/or near 1306 Pennsylvania Avenue as part of the waterline replacement project. As part of this active work during the waterline replacement project, Glenn Johnston, Inc. operated an underground horizontal drill in front of and/or near 1306 Pennsylvania Avenue, which, at all times pertinent hereto, was occupied by plaintiff’s decedent and several others. In front of and/or near 1306 Pennsylvania Avenue, there existed painted and/or detailed lines marking the roadway surface, sidewalks, and/or adjacent areas, which prominently highlighted the presence of underground natural gas lines and the natural gas resin beneath the ground near said property. Said underground natural gas lines and the natural gas main were owned by Peoples Natural Gas Company,” the suit said.
“At all times relevant hereto, Glenn Johnston, Inc. was aware of the presence of these underground gas lines and gas main being located in a residential and retail area with residents, diners, and shoppers in the area at every given moment. Despite the presence of painted lines highlighting the presence of underground natural gas lines and the natural gas main, Glenn Johnston, Inc. operated the underground horizontal drill in front of and/or near 1306 Pennsylvania Avenue in such a manner so as to pierce and proceed with the drill through the wall of the natural gas main with such force so as to proceed across the diameter of the gas main and pierce and proceed through the opposite wall of the gas main. After Glenn Johnston, Inc. pierced the underground gas main, there were visible distorted waves of natural gas filling the air providing prominent, obvious notice to Glenn Johnston, Inc. personnel of leaking natural gas at or around the premises of 1306 Pennsylvania Avenue. Despite having knowledge that the horizontal drill had struck and proceeded completely through an underground natural gas main, Glenn Johnston, Inc. failed to promptly, let alone immediately, contact emergency personnel or Peoples regarding the obvious natural gas leak.”
The suit added that even after Peoples was finally notified of the potential for a natural gas leak, it took Peoples’ personnel another 34 minutes to arrive at the scene.
“Despite Glenn Johnston, Inc.’s knowledge of striking the natural gas main and knowledge of the leaking, spewing, and escaping natural gas, it failed to alert members of the general public, including Anna Hunsicker, plaintiff’s decedent, of the active natural gas leak and the extremely dangerous and hazardous situation posed to the public as a result of the active natural gas leak. Further, defendant had no comprehensive safety program, policies, and/or procedures to prevent or address an active natural gas leak,” the suit stated.
“On or about July 26, 2021, at approximately 1:08 p.m., the natural gas that was exposed and actively leaking as a result of the negligence, recklessness, and outrageous conduct of defendant, as described herein, ignited, causing an explosion. As a result of this explosion, Anna L. Hunsicker suffered conscious pain and suffering and fatal injuries.”
UPDATE
The defendants filed preliminary objections on March 17, seeking to strike the plaintiff’s claim for punitive damages – believing that this claim was insufficiently pled.
“Although the complaint alleges that GJI was aware of surface markings indicating the location of the gas line, it does not allege that GJI had specific knowledge of the underground position of the line and knew the path of the drill would cause it to pierce the gas line. The plaintiffs’ complaint also does not allege that GJI ignited the gas and caused the explosion. While the plaintiffs allege GJI did not contact emergency personnel or notify the general public after becoming aware of the gas leak, they also acknowledge that GJI notified Peoples Natural Gas Company,” per the defense objections.
“In addition, while the complaint makes conclusory allegations that GJI’s conduct was careless, reckless, and outrageous, the acts alleged by plaintiffs do not rise to this level or support such claims. At best, plaintiffs allege negligence by GJI. Therefore, plaintiff’s allegations are insufficient to support a claim for punitive damages under Pennsylvania law.”
According to the defendant, reckless conduct on its part was not shown.
“The facts alleged by the plaintiffs in their complaint do not meet the standards for a claim for punitive damages. The allegations of the complaint do not reveal or suggest an evil motive, conscious or reckless indifference to a known or obvious risk of harm, or willful, wanton, or intentional conduct by the GJI. While the complaint makes conclusory allegations that GJI’s conduct was careless, reckless, and outrageous, the acts alleged by plaintiffs do not rise to this level or support such claims. Therefore, the plaintiffs have failed to plead facts sufficient to show ‘outrageous’ behavior on the part of the GJI. The specific acts and omissions identified in Paragraphs 29 through 35 of the complaint, if accepted as true, merely represent negligence by GJI,” the objections stated.
“Under these circumstances, the plaintiffs have not alleged a basis for punishing the defendants with the extreme remedy of punitive damages, and the complaint is insufficient to support such a claim. Therefore, their claim for punitive damages should be stricken and dismissed from the complaint.”
For counts of wrongful death and survival, the plaintiff is seeking damages in excess of $50,000, exclusive of interest and costs, plus costs, delay damages, punitive damages, interest and all other damages legally appropriate and to be determined at the time of trial, plus a trial by jury.
The plaintiff is represented by Philip M. Hof, Isaac A. Hof and I. Randall Keiser Jr. of Seidel Cohen Hof & Reid, in Bethlehem.
The defendant is represented by Donald L. Best Jr. and Richard W. DiBella of DiBella Weinheimer, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-001892
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com