May 24 (Reuters) - Ohio's top court ruled on Friday that

the brother of a woman who froze to death after her gas service

was cut off by a utility now owned by Enbridge ( ENB ) must

pursue wrongful death claims before the state's utility

commission, not a trial court.

The Ohio Supreme Court held that the case over 81-year-old

Virginia Vigrass' 2022 death must first go before the Public

Utilities Commission of Ohio since it relates to actions that

are normally authorized as a part of ordinary utility services.

The unanimous seven-justice court said Ohio law requires

people to first file complaints with the commission alleging

that a public utility's services have violated the law, if the

actions relate to a utility's rates and services.

Since the decision to shut off the Lakewood woman's gas

falls under that umbrella, the utility commission must first

hear the case filed against the utility, East Ohio Gas Company,

before deciding whether to send it to a court, the justices

held.

Enbridge ( ENB ) acquired the utility from Dominion Energy ( D )

earlier this year. The companies and counsel for the woman's

brother, J. William Vigrass, did not immediately respond to

requests for comment.

The underlying lawsuit claims the utility disconnected

natural gas service to the residence of Vigrass in January 2022

after the company repeatedly asked for access to her meter over

months, despite her accounting being paid in full.

Vigrass refused access because she was immunocompromised and

susceptible to the risks of COVID-19, but had sent some letters

to the company in response to their requests, according to the

lawsuit.

Frigid temperatures inside the residence after the gas

shutoff caused water pipes to burst. Water then flooded the

residence and froze. Police found Vigrass dead and frozen to the

floor 19 days after the gas was disconnected.

Her brother sued the utility on behalf of her estate in

Cuyahoga County Court of Common Pleas

Judge Peter Corrigan rejected a motion to dismiss the

complaint for lack of jurisdiction, reasoning that he has

jurisdiction over the complaint because the complaint asserted

common-law claims of negligence, destruction of property and

wrongful death.

The utility on appeal argued Corrigan incorrectly

asserted jurisdiction in the case.

The case is East Ohio Gas Company DBA Dominion Energy Ohio

v. Corrigan, Judge, Ohio Supreme Court, No. 2024-Ohio-1960.

For the utility: Matthew Rechner and Adam Smith of McDonald

Hopkins

For the judge: Michael O'Malley of the Cuyahoga County

Prosecutor's Office

For the estate: Mark Abramowitz and Nicholas Horattas of

DiCello Levitt