Kroger Co. v. Appalachian Power Co.

In this appeal, we consider whether the trial court properly sustained a plea in bar filed by Appalachian Power Company (APCO), which asserted that Tariff No. 11 (the Tariff), issued by the State Corporation Commission, barred an action against APCO brought by The Kroger Company (Kroger).

Kroger filed a motion for judgment seeking $1.5 million from APCO, Creative Construction and Development Corporation (Creative Construction), and Magic City Sprinkler, Inc. (Magic City) for damages incurred as a result of an electrical fire which originated in wiring owned and maintained by Kroger. Kroger…