Residents sue over shut-off of electricity during winter

11/11/2008

Residents of a North Ontario Street duplex sued Toledo Edison in Lucas County Common Pleas Court, saying that the company illegally shut off their power during a cold spell last winter.

The lawsuit was filed Friday by William Scott, now of 528 Magnolia St., and Maylean Dixon and Alfonzo Reese, both of the upper unit at 1407 North Ontario St.

The complaint alleges 10 counts of misconduct on the part of the electric company, including breach of contract and false imprisonment, and asks for damages in excess of $25,000 for each count.

According to the lawsuit, Mr. Scott, who has several medical conditions, called the company in February after moving into the apartment to have his electricity switched to his account.

Even with numerous conversations with company representatives, the power to the building was turned off despite a deposit being paid to the company.

The power was restored about 11 days later, during which time police were called, at the insistence of Mayor Carty Finkbeiner, the lawsuit said.

The lawsuit contends state law prohibits companies such as Toledo Edison from turning off power during harsh weather.

The case was assigned to Judge Gene Zmuda.