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EXCAVATION TECHNOLOGIES v. COLUMBIA GAS

No. 32 WAP 2008

985 A.2d 840 (2009)

EXCAVATION TECHNOLOGIES, INC., Appellant v. COLUMBIA GAS COMPANY OF PENNSYLVANIA, Appellee.

Supreme Court of Pennsylvania.

Decided December 29, 2009.

Attorney(s) appearing for the Case

Phillip L. Clark, Jr., Balph, Nicolls, Mitsos, Flannery & Clark, P.C., New Castle Allan L. Fluke, Thorp Reed & Armstrong, L.L.P., for Excavation Technologies, Inc.

Kevin John McKeon, Watt, Tieder, Hoffar & Fitzgerald, L.L.P., Harrisburg, for Amicus Curiae Pennsylvania Utility Contractors Association, et al.

James C. Warmbrodt, Weitman, Weinberg & Reis, Co., L.P.A., Pittsburgh, Walter Thomas McGough, Jr., Reed Smith, L.L.P., for Columbia Gas Company of Pennsylvania.

Donna M. J. Clark, Energy Association of Pennsylvania, for Amicus Curiae Energy Association of Pennsylvania.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice EAKIN.

Before performing excavation work for a waterline extension project, appellant requested appellee mark the locations of gas lines around the work sites pursuant to the One Call Act (Act).1 Appellee improperly marked some lines and failed to mark others. As a result, appellant struck various gas lines, which hampered its work, resulting in economic damages of $74,502.06; appellant did not any sustain...

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