Court Affirmed Dismissal of FirstEnergy Negligence Lawsuit
The Third Circuit Court of Appeals ruled that the estate of a deceased contractor failed to establish negligence claims.
Updated on Oct. 14, 2026 in Accidents
The U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a negligence lawsuit brought against FirstEnergy Corp. The case involved the death of demolition contractor Cody Hatt.
Why it matters
The appellate court determined that the plaintiffs failed to sufficiently allege that FirstEnergy owed a specific legal duty or committed actionable negligence breaches under state law.
The Third Circuit Court of Appeals upheld a lower court decision to dismiss the negligence lawsuit. The ruling specifically cited a failure to establish necessary duty and breach elements under Pennsylvania tort law.
The players
FirstEnergy Corp.
This is an electric utility company headquartered in Akron, Ohio, that manages a large distribution network.
Cody Hatt
He was a demolition contractor whose death prompted a legal battle over workplace safety and liability.
Lisa DeBar
She is an individual who acted as a plaintiff in the negligence lawsuit alongside the estate of the deceased.
The details
The estate of Cody Hatt and Lisa DeBar initiated the legal action, but the court found their filings did not meet the requirements to prove negligence. A split panel opinion concluded that the allegations against FirstEnergy were insufficient to proceed.
Timeline
The majority opinion was filed in the Third Circuit on Wednesday.
Legal Context
This case highlights the rigorous standards required to prove negligence under Pennsylvania tort law when suing utility companies for contractor deaths. The ruling reaffirms the necessity for plaintiffs to clearly establish a duty of care in workplace litigation.
This decision limits the ability of contractors or their estates to pursue negligence claims against utility companies without meeting specific evidentiary requirements. It clarifies the scope of liability for companies operating in the state.
The takeaway
The appellate ruling underscores the high threshold plaintiffs must meet to successfully bring negligence claims against utility providers. Contractors and their representatives should ensure all duty-of-care elements are explicitly alleged in future filings.
Further reading
Learn more about local legal rulings in our Pennsylvania Accidents section.
