Judge allows Unitil lawsuit to proceed

WORCESTER, Sep 11, 2009 (Sentinel & Enterprise - McClatchy-Tribune Information Services via COMTEX) -- UTL | Quote | Chart | News | PowerRating -- A Worcester Superior Court judge has denied a motion by lawyers representing Unitil Corp. to throw out a class-action lawsuit alleging gross negligence in the company's response to an ice storm last December.

Judge Janet Kenton-Walker issued her decision Thursday, allowing three secondary counts in the lawsuit to be dismissed, but denying Unitil's motion to dismiss allegations of gross negligence and unfair or deceptive business practices.

"The court concludes... that the allegations contained in Count I of the complaint are sufficient to make out a claim of gross negligence," Kenton-Walker wrote in her eight-page decision, which was obtained by the Sentinel & Enterprise.

The suit, filed by the Fitchburg law firm Bonville & Howard, seeks damages for ratepayers. It alleges that Unitil was unprepared for the Dec. 11 storm, which left thousands of residents in North Central Massachusetts without power, many of them for up to two weeks. The company operates in Fitchburg, Lunenburg, Townsend and Ashby.

"I'm quite pleased with the judge's decision," said Fitchburg attorney Edwin Howard, of Bonville & Howard. "The major counts we filed are going forward. The three counts that were dismissed were sort of nebulous. I think the judge did the right thing."

The suit seeks "compensation and equitable relief for (Unitil's) failure to fulfill its obligation to provide safe and reliable power to customers."

Wes Eberle, a spokesman

for Hampton, N.H.-based Unitil, declined to comment on the pending lawsuit.

Lunenburg resident Cathy Clark, one of Unitil's most outspoken critics, said she is "thrilled" with the judge's decision.

"I'm thrilled to hear the judge saw what in my opinion was obvious," Clark said. "That there was gross negligence on the part of Unitil and that their failed business practices continue to affect us."

Clark said residents in the region are determined to kick Unitil out.

"We hope all the lawmakers are listening closely," Clark said. "Unitil needs to go."

State Rep. Stephen DiNatale, D-Fitchburg, called the judge's decision "a win for the good guys."

"This opens up now for continued litigation and eventually we hope to see some relief to the aggrieved parties subjected to the disaster of the Dec. 11 ice storm," DiNatale said.

The next step in the lawsuit is for Unitil to file an answer to the claims, Howard said.

"I suspect they will file a general denial," he said.

The suit will then enter the discovery phase, during which both sides can request information from each other.

"That is where the suit will become rather labor-intensive," Howard said. "We will have to put a lot of work in."

The amount of damages being sought are not included in the complaint, Howard said.

"That will be left up to a jury or judge to decide at trial," he said. "It's something we are going to have to establish, and that will be one of the more difficult parts of the case."

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