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First Assembly of God, Inc. v. Texas Utilities Electric Co.

Tariffs placing responsibility for damages on the customer are reasonable as applied to economic damages resulting from the utility's ordinary negligence.

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AFFIRMED; Opinion Filed July 31, 2001

OPINION

First Assembly of God, Inc. appeals a summary judgment rendered in favor of Texas Utilities Electric Company (T.U.) in appellant’s suit for damages to real property caused by an electrical fire in the church sanctuary. In three points of error, appellant contends the trial court erred in granting T.U.’s motion for summary judgment because: (1) there is a fact issue regarding whether T.U.’s conduct was the sole proximate cause of appellant’s damages; (2) T.U.’s conduct was grossly negligent; and (3) T.U.’s Tariff for Electric Service is unreasonable and violates the open courts provision of article I, section 13 of the Texas Constitution. For reasons that follow, we overrule appellant’s three points of error and affirm the trial court’s judgment.

 
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