Stanton v. National Fuel Gas Co.

1 Pa. D. & C.4th 223, 1987 Pa. Dist. & Cnty. Dec. LEXIS 12
CourtPennsylvania Court of Common Pleas, Mercer County
DecidedApril 2, 1987
Docketno. 999 C.D. 1986
StatusPublished
Cited by1 cases

This text of 1 Pa. D. & C.4th 223 (Stanton v. National Fuel Gas Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Mercer County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stanton v. National Fuel Gas Co., 1 Pa. D. & C.4th 223, 1987 Pa. Dist. & Cnty. Dec. LEXIS 12 (Pa. Super. Ct. 1987).

Opinion

ACKER, P.J.,

By a preliminary objection to an amended complaint pursuant to Pa. R.C.P. 1017, National Fuel Gas Company and National Fuel Gas Distribution Corporation have demurred to plaintiffs’ amended complaint as to its allegations of strict liability, products liability, and breach of warranty. By preliminary objection defendants alleged plaintiffs have averred that a coupling allowed the pipeline to separate. Defendants claim [224]*224by preliminary objection that the gas in the pipeline was not defective and, therefore, the cause of action against the two defendant companies should be dismissed for failure to aver a cause of action against them. This is contrary to the allegation in the amended complaint that the gas was defective and unreasonably dangerous.1

At the time of argument upon the preliminary objections, however, counsel for plaintiffs and defendants, National Fuel Gas Company and National Fuel Distribution Corporation stipulated and agreed that plaintiff was advancing no contention that the transmission of gas was an ultrahazardous activity.

On February 22, 1985, at about 3:15 p.m. in the area of 34 North Sixth Street, a tremendous gas explosion occurred, completely destroying the Sharpsville Inn and an adjoining brick structure containing a ceramic shop and an apartment in which the decedents, Harold E. Stanton and Virginia Stanton, were spending the night. The Stantons were killed as a result of the explosion and subsequent fire.2

[225]*225Plaintiffs have filed suit against National Fuel Gas, National Fuel Gas Distribution Corporation, Dresser Industries, and E. I. DuPont DeNemours & Company.

NFG is the parent company of NFGD, which supplies gas to the customers in Sharpsville. Dresser is the manufacturer and distributor of a device known as a “posi-hold” compression coupling used in this case which is used to join sections of polyethylene pipe. DuPont is the manufacturer and distributor of high pressure polyethylene plastic pipe also used in the National Gas distribution system in this case.

The amended complaint contains six causes of action sounding in negligence, strict liability, product liability and breach of warranty against NFG, NFGD and Dresser. Plaintiffs amended complaint also alleges counts sounding in strict liability and breach of warranty against DuPont. Only the actions alleged against NFG and NFGD are here considered.

The preliminary objections to plaintiffs’ amended complaint by NFG and NFGD are to plaintiffs’ counts in strict liability, products liability and warranty.3

[226]*226By the demurrer to plaintiffs’ amended complaint defendants are deemed to admit that NFG and NFGD supplied defective natural gas to the area including the Sharpsville Inn.

A demurrer can be granted only when it appears with certainty that plaintiffs have failed to state a cause of action. Firing v. Kephart, 466 Pa. 560, 353 A.2d 833 (1976).

During July, August and September 1979, NFGD installed a six-inch diameter polyethylene plastic gas main north from Ridge Avenue under North Sixth Street and under railroad tracks. Its purpose was to serve Shenango Incorporated, a steel company, and only that company. There were, therefore, no service lines off of this main to the Sharpsville Inn.

During construction of the gasline, NFGD used compression couplings supplied by Dresser to join sections of the pipeline. After the explosion, an examination of the six-inch gas main located under North Main Street disclosed that one of the compression couplings used to join sections of the pipe had failed, causing natural gas to escape.

Plaintiffs count in strict liability for an ultrahazardous activity alleges that NFG and NFGD were engaged in manufacturing, sale and distribution of natural gas. The complaint alleges that the gas itself was defective and unreasonably dangerous to plaintiffs without naming the specific defect.4

[227]*227The theories of liability are hereinafter discussed.

DISCUSSION

Product liability

Pennsylvania has adopted the Restatement (Second) of Torts §402A which imposes strict liability upon those who sell products unreasonably dangerous to the user because of defective manufacture or design. Webb v. Zern, 422 Pa. 424, 220 A. 2d 853 (1966); Sochanski v. Sears, Roebuck & Co., 621 F.2d 67 (3d Cir. 1980), on remand, 504 F.Supp. 182 (E.D. Pa. 1980), appeal dismissed, 661 F.2d 915 (3d Cir. 1981), vacated and remanded, 689 F.2d 45 (3d Cir. 1982); Conti v. Ford Motor Company, 743 F.2d 195 (3d Cir. 1984), cert. denied, 105 S.Ct. 1396, 84 L.Ed.2d 784 (1985).

Our courts have decided that no current social interest is served by permitting the manufacturer to place a defective article in the stream of commerce and then avoid responsibility for damages caused by the defect. Salvador v. Atlantic Steel Boiler Company, 457 Pa. 24, 319 A.2d 903 (1974). The purpose of the rule of strict product liability is protection of the average customer who is not really in a position [228]*228to bargain effectively or intelligently. Keystone Aeronautics Corp. v. R.J. Enstrom Corp., 499 F.2d 146 (3d Cir. 1974).

A court must, however, make a threshold determination as a matter of social policy in each case whether it would be appropriate for product liability treatment. Azzarello v. Black Brothers Co., 480 Pa. 547, 391 A.2d 1020 (1978); Carrecter v. Colson Equipment Co., 346 Pa. Super. 95, 499 A.2d 326 (1985). We have concluded in this case that as a matter of social policy the sale of gas can be appropriate for products liability treatment. The issue, therefore, is whether the facts of the case warrant such application.

The only appellate decision in this commonwealth to address the applicability of strict liability under 402A to a public utility is Schriner v. Pennsylvania Power & Light Company, 348 Pa. Super. 177, 501 A. 2d 1128 (1985). That case involved the supplying of electric power to milking equipment. It concluded that electricity can be a “product” for purposes of the doctrine of strict liability and that liability may be imposed against the public utility. Relying on authorities from other jurisdictions, the court concluded that electricity can be a product under 402A. It held that a literal sale may not be required. It pointed out particularly, however, that entry of electricity into the stream of commerce is deemed to occur when it leaves the transmission lines and passes through the customer’s meter, an event not present in the instant case. While still in the distribution system, electricity is deemed to be a service and not a product. Therefore, Schriner does not authorize the imposition of strict liability under 402A in the instant case because the gas had not passed through a meter.

[229]*229Pennsylvania lower courts have, however, imposed such liability.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gwendolyn Phillips v. Asset Acceptance, LLC
736 F.3d 1076 (Seventh Circuit, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
1 Pa. D. & C.4th 223, 1987 Pa. Dist. & Cnty. Dec. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanton-v-national-fuel-gas-co-pactcomplmercer-1987.