Geoffrey Fieger

Press Release
FIEGER FILES $50 MILLION DOLLAR LAWSUIT IN FLINT
GAS EXPLOSION

Nationally known attorney Geoffrey Fieger has filed a $50 Million dollar lawsuit against Consumers
Energy as a result of a gas explosion in Flint that killed two and damaged scores of homes.

Lisa Rochowiak 55, was killed on November 22, 2021, when her home exploded as a result of a gas leak.

Fieger stated:

“Lisa called Consumers the morning of November 22nd to report the odor of gas.
A Consumers Energy crew responded and assured her there was no leak. Later
that night her home exploded.

It is outrageous that the Consumers Power Company had an opportunity to save

2 lives, over 20 homes and failed to do so. This is gross negligence”.

The case has been assigned to trial before Genesee County Judge Joseph J. Farah.

For further information please contact:

Samantha Teal
Legal Assistant to Geoffrey N. Fieger
E: s.teal@fiegerlaw.com P: 248.355.5555

(30)

{01207872.DOCX}
 STATE OF MICHIGAN
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1
IN THE CIRCUIT COURT FOR THE COUNTY OF GENESEE
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| SARA BOUCHILLON, as Personal Representative
I for the Estate of, LISA ANN ROCHOWIAK, Deceased,
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.A Plaintiff, Case No.: 21- -NO
£ Hon.
I VS.
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JOSEPH J. FARAH
S CONSUMERS ENERGY COMPANY, P-3043S
| a Michigan Corporation,
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Defendant.
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% GEOFFREY N. FIEGER (P30441)
| JAMES J. HARRINGTON (P6535 1 )
5 Attorneys for Plaintiff
• 19390 W. 10 Mile Road
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g Southfield, MI 48075-2458
1 (248) 355-555/Fax: 355-5148
§ j.harrington@fiegerlaw.com
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-J COMPLAINT AND DEMAND FOR JURY TRIAL
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ti! There is no other civil action between these parties arising out of the same transaction or occurrence as alleged
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Z in this complaint pending in this court, nor has any such action been previously filed and dismissed or
O transferred after having been assigned to a judge, nor do I know of any other civil action not between these
g parties arising out of the same transaction or occurrence as alleged in this complaint that is cither pending, or
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was previously filed and dismissed, transferred, or otherwise disposed of after having been assigned to a judge
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in this court.

g NOW COMES the Plaintiff, by and through her counsel, FIEGER, FIEGER,
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8 KENNEY & HARRINGTON, P.C., and for this cause of action against the above-named
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g Defendant, states as follows:
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1. At all times relevant, Plaintiffs Decedent, LISA ANN ROCHOWIAK,

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| was a resident of the City of Flint, County of Genesee, State of Michigan, and was being
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provided goods and services, specifically natural gas, by Defendant, CONSUMERS

{ 0 1 205 792. DOCX }

 ENERGY COMPANY (hereinafter referred to as "CONSUMERS").

00 2. That SARA BOUCHILLON, is the duly appointed Personal

| Representative of the Estate of LISA ANN ROCHOWIAK, Deceased.

2
a 3. At all times relevant, Defendant, CONSUMERS ENERGY COMPANY,

| was a Michigan corporation doing business in the County of Genesee, State of Michigan,
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| with its principle place of business at One Energy Plaza, EP1-410, Jackson, Michigan
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| 49201.
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i 4. Defendant, CONSUMERS, charged fees to, LISA ROCHOWIAK, for

4 natural gas provided to his home located at 3906 Hogarth Avenue in the City of Flint,
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I County of Genesee, State of Michigan, thereby establishing a special relationship and/or

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§ course of conduct and/or contractual relationship between Defendant, CONSUMERS,

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I and Plaintiffs Decedent, LISA ROCHOWIAK.

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5. The amount in controversy greatly exceeds Twenty-five Thousand
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2 ($25,000.00) Dollars plus interest, costs and attorney fees.

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l/i WHEREFORE, Plaintiff requests that this Honorable Court enter a Judgment in
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her favor and against Defendant in an amount they are found to be entitled to in excess of

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p Twenty Five Thousand ($25,000) Dollars, plus interest, costs and attorney fees.

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COMMON ALLEGATIONS
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8 6. Plaintiff hereby re alleges and restates each and every allegation contained
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| in Paragraphs 1 through 5 as if fully stated herein.

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7. On November 22, 2021, in the morning hours, the smell of natural gas was
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8. At all times relevant, Defendant CONSUMERS was notified of the

(01205792.DOCX}
 suspected natural gas leak.

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9. Before 10:00 a.m. on November 22, 2021, CONSUMERS responded to
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| the 3906 Hogarth home and assured Plaintiffs Decedent, LISA ROCHOWIAK that there
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A was not a natural gas leak
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10. On Monday, November 22, 2021, at approximately 9:30 p.m., Plaintiff,
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| was at the home located at 3906 Hogarth Avenue, in the City of Flint, County of

| Genesee, State of Michigan, when an explosion occurred within the house, seriously

| injuring and ultimately killing Plaintiffs Decedent, LISA ANN ROCHOWIAK, as a

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q- result of the natural gas leak.

8 11. The explosion and subsequent fire were there result of the combustion of

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8 natural gas which leaked from a gas line owned, controlled and maintained by Defendant,
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I CONSUMERS, and located on or near Plaintiff's home.

§ 12. Defendant CONSUMERS was negligent in the maintenance, supervision,

3 duties, leading up to the gas explosion leak as well as negligent in the hinng, training and
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3 supervision of its employees.
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13. After the explosion, Defendant CONSUMERS shut off the natural gas and

electric service to 3906 Hogarth Avenue, as well as to surrounding homes that were
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| damaged.
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8 14. Defendant CONSUMERS knew and/or reasonably should have known of
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a potential gas leak due to prior complaints and visits to the home, where no repair or
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GS 15. As a result of the Defendant's negligence which caused the explosion and
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the fire, all Plaintiffs' suffered serious and permanent injuries and damages, including but

{01205792.DOCX}
 not limited to the following:

oo a. Physical pain and suffering endured by Plaintiffs Decedent during

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the period of time between Defendant's negligence and Plaintiffs
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Decedent's death;
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b. Conscious pain and suffering;

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c. Medical and funeral expenses;
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I d. Loss of society and companionship to Decedent's family;

e. Loss of services;
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f. Loss of consortium;

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g- Economic damages (Denny damages);

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h. Loss of financial support and future earnings;

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S Any and all other damages allowed under the Michigan Wrongful
Death Act;
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h. Exemplary damages; and

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3 i. Any and all other damages as they may become known through
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WHEREFORE, Plaintiffs request that this Honorable Court enter a Judgment in

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| their favor and against the Defendant in an amount they are found to be entitled to in

| excess of Twenty Five Thousand ($25,000) Dollars, plus interest, costs and attorney fees.
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8 COUNT I
3 NEGLIGENCE
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I 16. Plaintiff hereby realleges and restates each and every allegation contained
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B in Paragraphs 1 through 15 as if fully stated herein.

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1 17. At all times relevant hereto, Defendant owned, controlled, maintained

and/or serviced all gas lines/pipes leading to Plaintiffs home at 3906 Hogarth Avenue, in

{01205792.DOCX}
 the City of Flint, Michigan.

ac 18. Defendant CONSUMERS employed agents, servants and employees

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| whose duties were to inspect, service and maintain the gas lines/piping leading to
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« residential homes, including Plaintiffs home at 3906 Hogarth Avenue, in the City of
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g Flint, Michigan.
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19. As a result of that special relationship between Plaintiffs Decedent, LISA

| ANN ROCHOWIAK, and Defendant, Defendant CONSUMERS owed a duty to act with

| ordinary care for the safety of the Plaintiff.

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20. Defendant CONSUMERS was made aware of the smell of gas at the home
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i prior to the explosion and Defendant determined that there was no leak; hours later the
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S house exploded.
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I 21 . All representatives, employees, agents and/ or servants acting on behalf of

| the CONSUMERS failed to properly do their job and recognize that a gas leak existed

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D 22. As a result of the contractual relationship and/or legal relationship

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s between Plaintiff and Defendant, Defendant owed Plaintiff a duty to act with ordinary
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1 care for the safety of the Plaintiff.
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1 23. At all times relevant hereto, Defendant, through the acts and/or omissions
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g of its agents, assumed the duty to act with ordinary care for the safety of the Plaintiff.

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o 24. According to Michigan law, in light of the above mentioned facts,
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| Defendant owed a duty to Plaintiffs to act with ordinary care for the safety of Plaintiff.
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i 25. That at all times relevant hereto, the aforesaid mentioned agents, servants

and employees of Defendant were acting within the course and scope of their agency

{0I205792.DOCX}
 and/or employment, thereby making Defendant liable based upon the principle/agency

OO relationship and/or employer/employee relationship and/or the doctrine of respondeat

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| superior.

jo 26. Defendant directly, and/or through the acts of its agent(s), employee(s),
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| and/or ostensible agent(s) breached its duty to Plaintiff in the following ways, by way of
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| illustration and not by limitation:

I a. Failing to follow industry standards regarding

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appropriate inspection and maintenance of gas lines

< and pipes serving and located near Plaintiffs home;
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b. Failing to warn and notify Plaintiff of hazards and/or
dangers that were created by leaking gas lines/pipes
8 which the Defendant was or should have been aware
of;
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a2 c. Allowing a gas line/pipe to deteriorate to the point that
it was leaking underground;

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d. Causing a large and dangerous gas leak in the gas
pipe/line configuration leading to and/or located on or
I near Plaintiff s residence;
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(A e. Causing the gas pipe configuration near Plaintiffs
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8 house to leak excessive amounts of gas;

f. Failing to properly investigate complaints of the odor

of gas in the area of 3906 Hogarth Avenue, in the City
I of Flint, Michigan.
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I g. Allowing an unsafe gas leak to go unrepaired and
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§ uncorrected in Plaintiffs house;
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h. Aggravating, exacerbating, changing or worsening a

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£ preexisting condition in the gas pipe set up or
configuration in Plaintiffs home;
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i. Creating a fuel source for an explosion where one
i otherwise would not have existed;

j. Other acts of negligence which may be revealed

{01205792.DOCX}
 through the passage of time and/or through the course
of discovery;

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27. That as a direct and proximate result of the Defendant's negligence,
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£ Plaintiffs suffered severe injuries and damages that are set forth above.
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WHEREFORE, Plaintiff, SARA BOUCHILLON, as Personal Representative of
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I the Estate of LISA ANN ROCHOWIAK, Deceased, requests that this Honorable Court
§

7 enter a Judgment in her favor and against the Defendant in an amount they are found to

| be entitled to in excess of Twenty Five Thousand ($25,000) Dollars, plus interest, costs
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1 and attorney fees.

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COUNT II

8 VIOLATION OF THE MICHIGAN CONSUMER PROTECTION ACT

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28. Plaintiff hereby realleges and restates each and eveiy allegation contained
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I in Paragraphs 1 through 27 as if fully stated herein.

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29. Defendant is a merchant and/or seller as identified and defined in the

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J Michigan Consumer Protection Act.
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t/> 30. Plaintiff is a consumer as identified and defined in the Michigan
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| Consumer Protection Act.
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31. Unlawful, deceitful, negligent, grossly negligent, reckless and/or

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| fraudulent activities and/or acts are prohibited by the Michigan Consumer Protection Act.
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s 32. When a merchant and/or a seller and/or company such as Defendant
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engages in one or more of the activities prohibited by the Michigan Consumer Protection
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. Act, the affected consumer is entitled to damages including, but not limited to, actual
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damages, consequential damages and attorney fees.
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33. Defendant, by engaging in the aforementioned acts or omissions, violated

{ 0 1 205792. DOCX}
 the provisions of the Michigan Consumer Protection Act, and thereby causing Plaintiffs

to suffer damages listed above:

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a. Physical pain and suffering endured by Plaintiffs Decedent during

z the period of tie between Defendant's negligence and Plaintiffs
Decedent's death;

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b. Conscious pain and suffering;

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c. Medical and funeral expenses;

Loss of society and companionship to Decedent's family;

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5 e. Loss of services;
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s g. Economic damages (Denny damages);

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i. Any and all other damages allowed under the Michigan Wrongful
Death Act;
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J. Hedonic damages;
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8 i. Attorney fees and costs under MCPA; and

J- Any and all other damages as they may become known through
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I WHEREFORE, Plaintiff, SARA BOUCHILLON, as Personal Representative of

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t the Estate of LISA ANN ROCHOWIAK, Deceased, respectfully requests that this

| Honorable Court enter a Judgment in her favor and against the Defendant in an amount
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| they are found to be entitled to in excess of Twenty Five Thousand ($25,000) Dollars,
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plus interest, costs and attorney fees.

{ 0 1 205792.DOCX }
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Respectfully Submitted;
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FIEGER, FIEGER, KENNEY & HARRINGTON, P.C.

2
£EY N. FIEGER (P30441)
3 J. HARRINGTON, IV (P65351)
2 attorneys for Plaintiff
§
d 19390 West Ten Mile Road
Southfield, MI 48075

8
(248) 355-5555
i .harrington@fiegerlaw.com
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.| Dated: November 30, 202 1
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{01205792.DOCX}
 STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF GENESEE 0

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«n
.

| SARA BOUCHILLON, as Personal Representative

| of the Estate of LISA ANN ROCFIOWIAK, Deceased,
1/663 3
S
£ Plaintiff, Case No.: 21- -NO
Hon.
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% vs.
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JOSEPH J. FARAH
? CONSUMERS ENERGY COMPANY, P-30438
| a Michigan Corporation,
51
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5. Defendant.
2
5
| GEOFFREY N. FIEGER (P30441 )
1 JAMES J. HARRINGTON (P6535 1 )
§ Attorneys for Plaintiff
; 19390 W. 10 Mile Road
1 Southfield, MI 48075-2458
1 (248) 355-555/Fax: 355-5148
S j.harrington@fiegerlaw.com

3 DEMAND FOR A TRIAL BY JURY

££

3
35 NOW COMES the Plaintiff by and through her counsel, FIEGER. FIEGER,
5
8
KENNEY & HARRINGTON, P.C., and hereby requests a trial by jury in the above
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5 captioned matter.
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§ Respectfully Submitted
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en

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FIEGER, FIEGER; KENNEY & HARRINGTON, P.C.
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N. FINGER (P30441)
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ja: M3UNGTON, IV (P65351)
torneys for Plaintiff
1 19390 West Ten Mile Road
1 Southfield, MI 48075
(248) 355-5555
Dated: 11/30/2021 i.harrinuton@fiegerlaw.com

{01205792.DOCX}