PITTSBURGH – Peoples Natural Gas Company alleges its co-defendant is liable for negligence in piercing an underground gas main and failing to report the subsequent leak, which led to the death of the plaintiff’s 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.”
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.
“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.”
Though a ruling on the concept of punitive damages had yet to be made in this case, the plaintiff filed to add Peoples Natural Gas Company on April 12.
“Daugherty’s amended complaint alleges that while operating the horizontal directional drill near 1306 Pennsylvania Avenue, Tyrone, Pennsylvania on July 26, 2021, GJI punctured an underground natural gas line owned and maintained by additional defendant PNG. Upon detecting the odor of natural gas, GJI’s employees on site notified PNG. PNG dispatched its employee, Robert T. Gill, in response to the notification by GJI. Gill arrived at the site approximately 34 minutes after notice was provided by GJI. After Gill arrived at the site, GJI relinquished control of the site to PNG,” the additional filing stated.
GJI filed an answer and new matter in the case on April 20, arguing that the decedent caused their own injuries in this incident.
“The plaintiffs’ amended complaint fails to set forth a claim upon which relief can be granted as to GJI. To the extent revealed by discovery or testimony at trial, the injuries alleged as to plaintiffs’ decedent were proximately caused by decedent’s own actions and/or omissions, and, accordingly, GJI sets forth the Pennsylvania Comparative Negligence Statute, as a bar to plaintiffs’ claims,” per the answer, in part.
“In the alternative, pursuant to the Pennsylvania Comparative Negligence Statute, any damages that the plaintiffs may have suffered and can prove at trial and which are not otherwise barred by any of the defenses asserted in this answer and new matter should be diminished in proportion to the amount of negligence attributed to the plaintiffs’ decedent. If it is determined that the plaintiffs suffered injuries as a result of any incident alleged in the amended complaint, which is specifically denied, then said injuries and damages were caused or contributed to by reason of the negligence, recklessness or carelessness on the part of the plaintiffs’ decedent or some third person(s) and not by reason of any alleged misconduct or fault on the part of GJI, and it therefore GJI was not the legal or factual cause of plaintiffs’ injuries or damages.”
In response, the plaintiff filed a reply to the new matter on April 22, denying it in its entirety as conclusions of law to which no response was required.
UPDATE
PNG filed an answer and new matter in the case on June 3, denying the plaintiff’s allegations as conclusions of law to which no responsive pleading is required.
“The complaint to join fails to set forth a claim upon which relief can be granted as to Peoples. Plaintiffs’ alleged injuries and damages, to the extent they are proven, were caused solely by the intentional and/or negligent acts of GJI. The damages and injuries allegedly sustained by plaintiffs were proximately caused by GJI’s acts or omissions, negligent or otherwise. GJI’s claims are barred by the doctrine of unclean hands,” per the company’s new matter.
“GJI failed to communicate to Peoples the facts and circumstance, of which it was fully aware, regarding the breach of the gas line; the cause of the breach; and the actual source of the gas leak. GJI failed to communicate to Peoples the urgent nature of the gas odor by failing to disclose that GJI struck a Peoples’ gas line. GJI failed to call 911 to report the natural gas odor and/or the fact that GJI struck a Peoples’ gas line. Plaintiff’s damages and injuries, if any, were caused solely by the actions of GJI in negligently drilling through both sides of the Peoples gas line.”
According to PNG, the failure of GJI to “accurately and fully report the nature and extent of the damage it negligently caused to the Peoples gas line directly impeded and impaired the ability of Peoples to respond to the incident in the manner in which it may otherwise have undertaken had it had full knowledge.”
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, plus Ray F. Middleman and Gretchen N. Panchik of Eckert Seamans Cherin & Mellott, all 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