A company that suffers purely economic damages as a result of a utility company’s effort to mark underground utility lines cannot sue the utility for negligent misrepresentation, an en banc panel of the Superior Court has decided.
The plurality decision in Excavation Technologies Inc. v. Columbia Gas Co. of Pennsylvania, PICS Case No. 07-1784 (Pa. Super., Nov. 7, 2007) Orie Melvin, J.; Ford Elliott, P.J., Todd, J., Panella, J., all concurring; Klein, J., dissenting (29 pages) interprets the economic loss exception under Section 522 of the Second Restatement of Torts to exclude utility companies working to comply with Pennsylvania’s One Call Act.
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