CenterPoint Energy Resources Corp. v. Ramirez (Opinion)
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The Supreme Court reversed the judgment of the court of appeals affirming the trial court's judgment against a utility in this personal injury action, holding that a limitation of liability provision in a utility tariff approved by state regulators barred the utility's liability for damages suffered by a residential customer's houseguests.
The tariff at issue provided that the utility "shall not be liable for any damage or loss" in the limited circumstance where damage or loss is "caused by the escape of gas" from the residence's housepiping or appliances. Plaintiffs in this case were injured in precisely that way while they were houseguests at the home of one of the utility's residential customers. The trial court and court of appeals concluded that the liability limitation was applicable only to damage or loss sustained by the utility's customer and therefore, the tariff's liability limitations did not apply to Plaintiffs' negligence claims. The Supreme Court reversed, holding that, under the filed-rate doctrine, the liability limitation plainly and expressly precluded the utility's liability for Plaintiffs' damagers and appleid to them as "consumers" of the utility's gas services.
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