PHILADELPHIA – A pair of Delaware County property owners claim a heating oil company’s failure to perform a full inspection of their tank prior to installing more oil, later led to a disastrous oil leak in their property’s basement.
George Flaherty and Cassidy Flaherty of Auburn filed suit in the Philadelphia County Court of Common Pleas on June 14 versus Dollarwise Discount Heating Oil Company of Kennett Square and Hop Energy, LLC, of White Plains, N.Y.
According to the litigation, the plaintiffs owned property in Clifton Heights and on Aug. 1, 2016, entered into a residential lease agreement with a family to rent those same premises. That November, defendant DollarWise Discount Heating Oil Company was contacted by the lessees to have heating oil delivered to the property.
With a pre-service inspection supposedly set to take place, George Flaherty says he later received a call on Nov. 17, 2016 that oil had leaked all over the basement floor and the local fire company was already on the scene – and was said to have learned after speaking with his tenant, that a full, pre-installation inspection of the basement’s oil tank did not take place.
As a result, the plaintiffs allege they suffered expenses to relocate their tenant, loss of rental income, property damages, a decrease in property due to mandatory disclosure of the leak to any perspective buyers and other damages and expenses directly related to the oil leak and the diminution in value of plaintiff’s property.
On July 16, defense counsel filed preliminary objections, arguing that the plaintiffs’ claims were insufficiently-pled and “failed to make clear what they were asserting”, thereby subjecting both its claims to striking and the entire complaint to dismissal.
For counts of negligence, breach of implied contract, and violation of consumer protection laws, the plaintiffs are seeking damages in excess of $50,000, plus treble damages, punitive damages and attorney’s fees.
The plaintiffs are represented by Peter J. McNamara of the Law Offices of Peter J. McNamara, in Philadelphia.
The defendants are represented by Benjamin E. Gordon of Stradley Ronon Stevens & Young, also in Philadelphia.
Philadelphia County Court of Common Pleas case 180601556
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com