DeFrancesco v. Western Pennsylvania Water Co.

ROBERTS, Justice,

concurring.

The majority unnecessarily engages in a determination of whether appellants’ complaint alleging injury from appellee’s failure to maintain adequate water pressure presents a claim that should be resolved by the Public Utility Commission, for on this record it is clear that the PUC has, for all practical purposes, already resolved the claim. Appellee asserted in its pleadings and at trial that “Rule No. 17” of the applicable tariff, approved by the PUC, exonerated appellee from liability. The PUC-approved tariff provides:

“LIABILITY OF COMPANY

(a) The Company shall not in any way or under any circumstances be held responsible to any person or persons for any loss or damage for any deficiency in the pressure, volume or supply of water due to any cause whatsoever. The Company will undertake to use reasonable care and diligence in order to prevent and avoid interruptions and fluctuations in the service, but it cannot and does not guarantee that such will not occur.

(b) The Company shall in no event be liable for any damage or inconvenience caused by reason of any break, leak or defect in the Customer’s service pipe or fixtures.”

In light of the express language of the tariff, referral of the matter to the PUC would not advance the resolution of the present dispute.

I am satisfied that, because the PUC has approved appellee’s tariff provision on liability for inadequate water pressure, the Court of Common Pleas of Allegheny County properly assumed jurisdiction over the present controversy. Thus I concur in the vacation of the order of the Superior Court and the remand to that court for the disposition of appellee’s remaining claims of error.