Lehigh Fuels is accused of failing to deliver fuel under contract terms

By Jenie Mallari-Torres | Feb 15, 2019

PHILADELPHIA — A subrogee is suing Lehigh Fuels LLC, a fuel oil supplier, citing alleged breach of contract and negligence.

Nationwide Mutual Fire Insurance Co. filed a complaint on Jan. 31 in the U.S. District Court for the Eastern District of Pennsylvania against Lehigh Fuels LLC, alleging the fuel oil supplier failed to deliver fuel to customer's property in a timely manner.

According to the complaint, on Jan. 6, 2018, Nationwide Mutual Fire Insurance Co.'s insureds, Patricia and Gregory Guditus, who reside in Allentown, suffered damages to their premises including leaking water; saturated and falling plaster and drywall; and flooded floors as a result of the alleged negligence of the defendant to deliver fuel oil to keep the property's furnace operating. Instead, the fuel tank allegedly ran dry and caused the water pipes to freeze and burst. 

The plaintiff holds Lehigh Fuels LLC responsible because the defendant allegedly failed to properly monitor the fuel usage, consumption and tank levels at the insureds' premises, and failed to receive and record insureds' Dec. 30, 2017 payment so as to accurately reflect the Gudituses' payment history.

The plaintiff requests a trial by jury and seeks judgment against defendant for all monies paid and for all damages incurred, plus costs, interest and attorney fees and other relief as the court deems appropriate. They are represented by Steven L. Smith of Swarthmore.

The U.S. District Court for the Eastern District of Pennsylvania Case No. is 19-cv-457.

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