Attorney files class-action lawsuit alleging NIPSCO power outages were preventable

INDIANA (WSBT) — A class action lawsuit has been filed against NIPSCO.

The lawsuit alleges NIPSCO did not take preventative care of trees and vegetation overgrowth onto power lines, causing power outages over the past two years.

The lawsuit brought by Allen Law Group, which says one man was in the middle of having all his teeth removed when the power went out.

WSBT

The power outage caused him to go home mid-surgery, without pain medication.

WSBT 22’s Francesca Onofrio spoke with that man, who now says he wants to see change and NIPSCO held accountable.

This lawsuit alleges the outages were unnecessary and preventable. It says NIPSCO isn’t proactive but rather reactive in situations.

You can read the NIPSCO Class Action Lawsuit below:

They claim there were numerous public complaints of overgrown trees and vegetation on power lines, and the company did nothing about it.

The lawsuit represents multiple plaintiffs claiming, “NIPSCO’s misconduct prioritized profits…over… its customers.”

Saying over the past two years there have been multiple weather events causing vegetation to fall on NIPSCO’s power lines.

The suit alleges this could have been avoided if the overgrowth had been properly maintained.

“If you don’t clear vegetation and you know that vegetation, downed trees and vegetation is going to cause outages, three is you’re going to have outages, predictable, preventable outages. That’s what we want to stop,” said Kenneth J Allen, Attorney.

The most recent outage left hundreds of thousands of Hoosiers without power and some in counties farther west are still without power.

LaPorte County is still experiencing outages after the storms that ripped through the area nearly 10 days ago.

NIPSCO is calling these outages one of the worst they have ever experienced. The outage left thousands to scramble for a source of backup power.

One man was in the middle of dental surgery when the power went out.

“They removed all my teeth, put the mounts into my jawbone, and then the power went out. They sent me home, where I was supposed to have my inventory done and my implants made,” said Jack Tipold, Plaintiff.

When Tipold got home, his house didn’t have power either. He was left toothless, in pain, and without medication for two days.

Because of the large power outage, no pharmacies could fill his prescription.

Power was restored to his Valparaiso home this past weekend.

“People didn’t have power, man. It should have been addressed. We’ve had numerous storms throughout this entire spring and into summer. It just wasn’t being addressed,” said Tipold.

NIPSCO sent a statement to WSBT 22 saying:

“We strongly disagree with the characterization of NIPSCO’s vegetation management practices in the Amended Complaint and the various press conferences held by the law firm of Kenneth Allen Law Group. We will vigorously defend the company through the legal process. NIPSCO’s electric operations, including its active vegetation management program, are overseen by the Indiana Utility Regulatory Commission. NIPSCO’s vegetation management spend has more than doubled since 2016, demonstrating our commitment and focus on maintaining a safe and reliable electric system.

NIPSCO understands the impact that prolonged outages can have on our customers and communities, particularly following storms, and in particular, the severe weather events that caused unprecedented damage across NIPSCO’s electric system that recently transpired.

Safety and reliability are fundamental to how we operate, and we have established processes and procedures to maintain our electric system, including our vegetation management program. Our immediate focus remains on restoring service to affected customers safely and as quickly as possible.”

Allen says the end goal is accountability and change.

The lawsuit is in the discovery phase, meaning they are looking for more plaintiffs to join.