Frasier v Niagara Mohawk Power Corp.

Holding The court reversed the lower court’s stay and referral to the Public Service Commission, holding that the primary jurisdiction doctrine did not apply because the claims were common-law torts requiring judicial determination of duty and causation. The PSC’s regulatory standards set only a minimum safety floor and do not dispositive the specific duty of care regarding stray voltage’s impact on cattle.

The court’s words

compliance with regulatory standards is not dispositive as to due care

252 AD3d 154, at the official text

the duty of care with respect to stray voltage on dairy farms may be quite different from this regulatory floor

252 AD3d 154, at the official text

resolution of plaintiffs’ claims do not first require resolution of issues placed within the agency’s special competence

252 AD3d 154, at the official text