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SHAMNOSKI v. PG ENERGY

858 A.2d 589 (2004)

Stephen A. SHAMNOSKI and Dorothy Shamnoski, His Wife, Individually and as Parents and Natural Guardians of Stephen J. Shamnoski, William D. Shamnoski, Anthony G. Shamnoski and Ellen M. Shamnoski, Their Children, Appellees v. PG ENERGY, a DIVISION OF SOUTHERN UNION COMPANY, Formerly known as PG Energy, Inc., Appellant, v. Commonwealth of Pennsylvania, Department of Environmental Resources. Richard Rubel and Adele Rubel, His Wife, Individually and as Parents and Natural Guardians of Richard Rubel and Karra Rubel, Their Children, Appellees v. PG Energy, a Division of Southern Union Company, Formerly Known as PG Energy, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Environmental Resources. Lorraine McDonald, 701 South Main Street, Scranton, Lackawanna County, PA, Appellees v. PG Energy, a Division of Southern Union Company, Formerly Known as PG Energy, Inc., Appellant v. Commonwealth of Pennsylvania, Department of Environmental Resources.

Supreme Court of Pennsylvania.

Decided September 28, 2004.

Attorney(s) appearing for the Case

Thomas A. Specht, Scranton, John P. Moses, Wilkes Barre, Charles W. Craven, Philadelphia, Jeffery H. Sunday, Wilkes Barre, for PG Energy, a Div. of Southern Union Co., appellant.

Richard P. Mather, Harrisburg, Mary Louise Barton, for Dept. of Environmental Protection, appellant amicus curiae.

Jonathan P. Nase, Michael D. Klein, Harrisburg, Velma Arlene Redmond, Hershey, for PA-American Water Co., appellant amicus curiae.

Conrad A. Falvello, Sugarloaf, for Shamnoski et al., Richard Rubel and Adele Rubel, his wife and L. McDonald, appellees.

Before: ZAPPALA, C.J., CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION OF THE COURT

Justice CASTILLE.

This negligence action arose in the wake of the flooding of Springbrook Creek in Luzerne County, which resulted when Hurricane Gloria dropped over six inches of rain into that area in less than a twenty-four hour period ending in the early afternoon of September 27, 1985. Appellees are three homeowners, each of whom owned a separate parcel of residential real property along the banks of Springbrook Creek which...

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