In Re Illinois Bell Switching Station Litigation

The question before us in this Rule 316 (134 Ill. 2d R. 316) appeal is whether a statutory action for civil damages brought against Illinois Bell pursuant to section 5 — 201 of the Public Utilities Act (220 ILCS 5/5 — 201 (West 1992)) is barred by the exculpatory provision of a tariff filed by the company with the Illinois Commerce Commission and by the "economic loss” doctrine articulated by this court in Moorman Manufacturing Co. v. National Tank Co. (1982), 91 Ill. 2d 69. On Illinois Bell’s combined motion to dismiss (735 ILCS 5/2 — 615 (West 1992)) and for summary judgment (735 ILCS 5/2 —…