California Court of Appeal

Dismissal of plaintiff's negligence claims against defendant PG&E and defendant tree company, alleging that their negligence in the maintenance of power lines and trees cause decedent's electrocution and death, is reversed and remanded, where: 1) plaintiffs' claims do not conflict with the Public Utilities Commission (PUC) rule authorizing the utility to make a reasonable determination whether safety or other considerations require trimming beyond the minimum clearance; and thus, 2) the superior court has jurisdiction over the matter, and plaintiffs' claim for damages based on the allegation that PG&E breached its duty to maintain adequate clearance beyond the prescribed minimum does not rest on an issue within the exclusive jurisdiction of the PUC.

Appellate Information

• Decided 02/28/2014
• Published 02/28/2014

Judges

• POLLAK

Court

• California Court of Appeal

Counsel