The Third Circuit Court of Appeals ruled on October 14, 2026, affirming the dismissal of a negligence lawsuit against FirstEnergy Corp. and its affiliates. The case arose after Cody Hatt suffered fatal injuries while working for a demolition contractor at the Hatfield’s Ferry Power Plant in Pennsylvania. His mother, Lisa DeBar, filed the lawsuit claiming negligence on the part of the plant's owners and operators. The court's decision is significant as it clarifies the legal standards regarding the liability of property owners for injuries sustained by employees of independent contractors.
In the case of Lisa DeBar v. FirstEnergy Corp. (Docket No. 25-2006), the court addressed the legal responsibilities of property owners when hiring independent contractors. The dispute centered on whether FirstEnergy retained sufficient control over the demolition work to be liable for Hatt's injuries. The court ultimately concluded that the allegations did not meet the necessary legal standards to hold FirstEnergy accountable.
The parties involved in this case included Lisa DeBar, who was acting both individually and as the personal representative of her deceased son’s estate, and FirstEnergy Corp., along with its subsidiaries, including FirstEnergy Generation LLC and FirstEnergy Service Co. The dispute began after Hatt, employed by North American Dismantling, was injured during the demolition of the power plant, which had been shut down in 2013 under pressure from environmental regulations. The demolition commenced in 2022, and tragically, Hatt died from his injuries shortly after the accident.
The legal proceedings began in June 2024, when DeBar filed a wrongful death and survival action against multiple defendants in Pennsylvania state court. After FirstEnergy removed the case to federal court, the District Court dismissed the claims against it, stating that DeBar's complaint failed to establish that FirstEnergy retained control over the demolition work. DeBar appealed this decision, seeking to overturn the dismissal.
The Third Circuit's ruling, delivered by Circuit Judge Fisher, affirmed the lower court's decision. The court highlighted two key doctrines of Pennsylvania tort law that influenced its ruling. First, the court noted that a property owner generally does not owe a duty to employees of an independent contractor unless the owner retains detailed control over the work. The court stated, "The retained-control exception is difficult to show; an owner does not retain control by imposing safety requirements or contract specifications for the work."
Secondly, the court pointed out that landowners have no duty to protect those invited onto their property from dangers that are open and obvious. In this case, the risks associated with demolishing the long-abandoned power plant were deemed obvious, and DeBar's complaint did not provide sufficient evidence to suggest otherwise. The court concluded, "The risks of demolishing the long-disused Hatfield’s Ferry Power Station were indeed obvious, and the complaint fails to allege otherwise.”
The impact of this ruling is significant for future cases involving workplace injuries at construction sites. It clarifies the extent of liability that property owners may face when hiring independent contractors. The court's decision reinforces the notion that merely imposing safety standards or having oversight does not equate to retaining control over the work being performed. This ruling may deter similar lawsuits against property owners in Pennsylvania and potentially influence how contracts are structured in the future.
As for what lies ahead, it remains to be seen whether DeBar will seek further legal recourse. The court's decision is final, but there is always the possibility of seeking a review from the U.S. Supreme Court, although such appeals are rare. There are currently no related cases pending that could affect this ruling.