Northwest Indiana residents sue NIPSCO after storms leave thousands in the dark

Nearly two weeks after severe storms knocked out power across northwest Indiana, thousands of homes and businesses remain in the dark — and Northern Indiana Public Service Co. now faces a proposed class-action lawsuit over its tree-trimming practices.

NIPSCO reported about 10,000 customers without power as of Monday morning, including about 4,300 whose outages were tied to the Aug. 11 storm and subsequent severe weather.

The utility expected restoration work to be substantially complete in Munster and Lake Station by Monday night and in Gary and Portage by Tuesday night, although it cautioned that some individual outages could last longer.

Smaller numbers of customers in Munster, Portage, Hammond, Lake Station and Merrillville were also without power. NIPSCO predicted most customers would be restored by Tuesday night. The utility said it had more than 350,000 outages after the storm hit.

Gary Common Council member Darren Washington told the Indiana Capital Chronicle that the outages require scrutiny beyond the immediate response.

“Northwest Indiana needs more than restored electricity,” Washington said. “It needs a serious public conversation about whether our infrastructure is adequate for the future and whether our elected and regulatory leaders are prepared to demand the accountability residents deserve.”

Gov. Mike Braun has sought an expedited federal major disaster declaration for 54 counties, citing winds of up to 99 mph near Gary and a near-total loss of power across Lake County.

Gary Mayor Eddie Melton on Sunday said the current pace of the utility’s power-restoration efforts is “unacceptable.”

The lawsuit filed in Porter County Superior Court, names Valparaiso resident Jack Tipold and 16 other northwest Indiana residents as plaintiffs. They allege the Northern Indiana Public Service Co. failed to adequately manage trees and other vegetation near its power lines, contributing to repeated outages since August 2024.

One of the plaintiffs, Margaret Shragel, also filed a similar suit last week. Both lawsuits were filed by attorney Kenneth J. Allen.

The case has not been certified as a class action. As of Monday morning, no hearings had been scheduled and NIPSCO had not filed a response in court.

The complaint says the Aug. 11 outage affected 317,000 customers, or nearly 60% of NIPSCO’s electric customers. It accuses the utility of ignoring public requests to address hazardous conditions, inadequately inspecting lines and poles, failing to identify hazard trees and not maintaining a sufficient workforce for vegetation management.

Tipold alleges he was undergoing oral surgery when the power failed, forcing the procedure to end before he had adequate pain control. The complaint says he also lost perishable household goods. Other plaintiffs allege economic losses and physical or emotional harm.

The plaintiffs are asking the court to certify a class of Indiana residents who suffered personal injury or financial harm because of what they describe as negligent vegetation management. They seek compensatory and punitive damages in an amount to be determined.

NIPSCO has disputed the allegations.

“We strongly disagree with the characterization of NIPSCO’s vegetation management practices,” utility officials said in a statement. “We will vigorously defend the company through the legal process. NIPSCO’s electric operations, including its active vegetation management program, are overseen by the Indiana Utility Regulatory Commission. NIPSCO’s vegetation management spend has more than doubled since 2016, demonstrating our commitment and focus on maintaining a safe and reliable electric system.”

The company said its immediate priority was restoring service safely and quickly after severe weather caused what it called unprecedented damage to its electric system.

The governor on Sunday said he mobilized the Indiana National Guard and sent personnel from several state agencies to help clear debris for utility crews.

“There is no excuse for these delays,” Braun said in a statement on X.

Indiana Capital Chronicle is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: [email protected].