First, plaintiff urged that several power sources were unjustifiably out of service on the evening of the blackout. At trial, plaintiff alleged several careless acts by Con Edison which precipitated the eventual power outage. The apparent initiating event was the combination of two lightning strokes, occurring within 18 minutes of each other, causing two double circuit outages of transmission lines linking Con Edison's system with the other electrical utilities in the New York Power Pool.
*171On July 13, 1977, Con Edison's entire electrical power system blacked out. Presented for our consideration is whether a jury verdict finding defendant to have been grossly negligent may stand. Plaintiff, a grocery store chain, brought suit seeking damages for food spoilage and loss of business. The case and appeal submitted for our review arises from the 1977 New York City blackout, which left approximately three million customers of Consolidated Edison of New York located in New York City and Westchester County without electrical power. Grill for The Brooklyn Union Gas Company and others, amici curiae.Ĭhief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur. Ahearn and Michael Majewski for appellant. Consolidated Edison Co., Inc., Appellant.Ĭourt of Appeals of the State of New York.
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