Electric company sues contractor, 2 residents for illegal excavation damages
An electric company that serves the Butler area is suing the sole owner of an unregistered business and a Butler couple for damaging the company’s underground electrical infrastructure.
West Penn Power filed a lawsuit in the Butler County Court of Common Pleas on Sept. 17 against Ryan Ritzert of Ritzert Retaining Wall and Concrete for the amount of $11,214.58, plus interest, costs and expenses; and Butler residents Donald Kotuby Jr. and his wife Kelly Kotuby for the amount of $11,214.58, plus interest, costs and expenses.
The amount sought is what West Penn Power paid to repair the alleged damage.
The power company is represented by law firm Meyer, Darragh, Buckler, Bebenek.
According to the lawsuit, Ritzert was hired to reconstruct a retaining wall at the Kotubys’ property in September of 2022.
However, the lawsuit alleges, when Ritzert began to excavate on Sept. 23, 2022, he did so without first contacting the Pennsylvania One Call System and thus operating without a valid Pennsylvania One Call ticket, which is required under state law. According to the suit, had Ritzert called to request a ticket, a West Penn Power “employee, designee or contractor” would have investigated and located utilities and marked them with paint and flags.
The One Call system notifies companies that manage underground utilities of plans to excavate.
The suit alleges Ritzert was operating under a ticket submitted by the Kotubys, which runs counter to requirements that the contractor submit their own ticket.
The suit further contends the ticket submitted by the Kotubys did not have a correct location or type of facility listed.
During that excavation, Ritzert allegedly struck and damaged West Penn Power’s underground electrical facilities.
West Penn Power asserts Ritzert was using “improper digging equipment and techniques” before filing a Damage Emergency Ticket, which revealed he had been working for the Kotubys, according to the lawsuit.
No attorneys were listed for Ritzert, Ritzert Retaining Wall and Concrete or the Kotubys as of Friday evening.
