SAN FRANCISCO — Pacific Gas and Electric (PG&E) is not pleased with the California First Appellate District Court of Appeal's decision to not give the company immunity in a case involving an injury to a child and has asked the California Supreme Court to take up the case.

Pacific Gas & Electric's appeal to the California Supreme Court comes after the appeals court decided not to give the company immunity in the case of Zachary Rowe vs. Pacific Gas and Electric.

The case stems from Zachary Rowe getting hurt after a 75-foot-tall tree fell on his tent in the early morning when he was asleep during his family's camping visit to San Mateo County Memorial Park. Pacific Gas & Electric had argued it had immunity under Section 846 of the California Civil Code.

"To be clear, PG&E is not the owner of the park where the campground was situated nor did it receive any money from the camping fee," Keith Stephens, spokesman for Pacific Gas and Electric, told the Northern California Record.

Stephens said Pacific Gas and Electric feels bad that Rowe suffered injuries during the accident.

"Our thoughts and prayers continue to be with Zachary Rowe and his family," Stephens said.

Stephens added that Pacific Gas and Electric cares about its customers.

"The safety of the customers and the communities we serve is always our top priority," he said.

Pacific Gas and Electric, however, believes the appeals court erred and should have given the company immunity under Section 846. Gregory Read, who served as Pacific Gas and Electric's attorney, told the Northern California Record that Pacific Gas and Electric filed an appeal to the California Supreme Court on May 15.

"We await the decision of the California Supreme Court regarding PG&E's petition for review," Stephens said.

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California 1st District Court of Appeal
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