Adam Mortara Wins Appeal for Nicor in Pivotal Case for Natural Gas Industry

April 2010

Adam Mortara won a complete appellate victory for Bartlit Beck client Nicor Gas Company in a personal injury case arising out of a residential gas explosion on May 28, 2002 in Rockford, Illinois.  Negligently-installed interior gas piping caused the explosion, which seriously injured plaintiffs, Nancy and Stefanie Turner.  Plaintiffs sued Nicor for failure to warn of the problems with the interior piping, despite the fact that Nicor had not installed the piping.  They argued that because a Nicor employee had been in the residence on a service call, Nicor was on constructive notice of the negligent installation.

Plaintiffs’ theory would have dramatically expanded the scope of natural gas utility liability under Illinois law.  The Second District Appellate Court refused to impose this additional duty on Nicor.

Click here to read the opinion.