On September 24, 2013, the United States District Court for
the Western District of Pennsylvania granted in part and denied in part a
compressor station operator’s motion to strike/dismiss a personal injury
complaint by a neighboring plaintiff. Koziel
v. Texas Eastern Transmission, L.P., 2013 WL 5352258 (W.D. Pa. Sept. 24,
2013). Plaintiff resides in Uniontown,
Pennsylvania, 670 feet from the compressor station used in the natural gas
industry. On December 31, 2010, the plaintiff was working in his metal garage
when a high pitched noise emanated from the compressor station for nearly
fifteen minutes. During that time, the plaintiff called the both the station
and 911. The sound was amplified by the plaintiff’s garage. The plaintiff
alleges he suffered hearing loss and sleeping disorders as a result. The operator
moved to strike the plaintiff’s negligence and strict liability claims. The
court granted the motion to strike the strict liability claim because the
plaintiff conceded to it. The court, however, denied the defendant’s motion to
strike the plaintiff’s negligence claim because the plaintiff’s allegations
related solely to the period of action/inaction by the operator while the noise
occurred, rather than any post-incident actions or inactions.
Written by: Garrett Lent, Research Assistant
Agricultural Law Resource and Reference Center
October 2013
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