Ford

Cynthia Jill Ford appeals after the trial court sustained a demurrer by Pacific Gas and Electric Company (PG&E) to her wrongful death action. Ford alleged her husband’s brain cancer had been caused by occupational exposure to electric and magnetic fields (EMF’s) emitted by PG&E’s powerlines and equipment. She contends the trial court erred in deciding that the Public Utilities Commission (PUC) has exclusive jurisdiction over the matters alleged in the complaint. We conclude the trial court correctly determined it lacked subject matter jurisdiction and affirm.

Factual and Procedural Background

In February 1995, Ford filed a wrongful death and products liability action, alleging PG&E had negligently failed to warn her spouse, Mark Callan, of the dangers of occupational exposure to EMF’s. The complaint alleged Callan died in 1994 after being diagnosed with brain cancer resulting from his exposure to EMF’s during his work as a lineman and engineer between 1978 and 1993. PG&E filed a demurrer, asserting the superior court lacked jurisdiction under section 1759 of the Public Utilities Code to interfere with the PUC’s regulation of powerline EMF issues. In May 1995, the trial…