In a gripping legal battle, a prominent flooring manufacturer has filed a lawsuit against a major energy provider over allegations of negligence that resulted in significant operational disruptions. Congoleum Acquisition LLC lodged the complaint in the Court of Common Pleas of Delaware County, Pennsylvania, on December 2, 2024, targeting PECO Energy Company and its parent company, Exelon Corporation.
The lawsuit stems from an incident at Congoleum's manufacturing facility in Marcus Hook, Pennsylvania. According to the complaint, on May 11, 2024, Congoleum's electrical contractor installed new switchgear at the facility and requested metering equipment rated at 4,000 kW from PECO. However, PECO allegedly delivered and installed transformers rated for only 400 kW. This discrepancy led to an explosion in the facility's switchgear compartment when powered up to about 75% load on May 13, causing a two-day power outage.
Congoleum accuses PECO of negligence for failing to provide equipment suitable for their operational needs. The flooring company asserts that PECO should have known the load requirements and provided appropriate transformers. "PECO owed Congoleum a duty to select equipment which was appropriate and suitable for use at the Facility," states the complaint. As a result of this alleged oversight, Congoleum claims it suffered property damage and incurred expenses exceeding $186,908 for repairs and replacements.
The plaintiff seeks judgment against PECO Energy Company and Exelon Corporation for damages surpassing $50,000. They argue that PECO's negligence directly caused their business operations to be disrupted and prevented them from performing customary manufacturing activities during the outage period.
Representing Congoleum Acquisition LLC are attorneys Graig M. Schultz and Benjamin J. Storms from Fitzpatrick Lentz & Bubba P.C., based in Allentown, Pennsylvania. The case is presided over by judges within the Court of Common Pleas of Delaware County under Case ID No.: DACE4313-A97C-4AF2-A5FE-0957250E19ED.