PHILADELPHIA – An insurance company alleges negligently constructed tubing used for fuel gas at a Mount Joy property caused a fire after a lightning strike.
Westfield Insurance Co., as subrogee of Steven and Emily Saunders, filed a complaint on May 24 in the U.S. District Court for the Eastern District of Pennsylvania against TiteFlex Corp. and Worley & Obetz Inc. alleging negligence, strict product liability and other counts.
According to the complaint, on Sept. 5, 2017, lightning struck at or near the Saunders' Mount Joy property. The suit states TiteFlex manufactured a corrugated stainless steel gas tubing under the Gastite name that was installed by Worley at the Saunders' residence for fuel gas. The suit states the lightning strike caused the tubing to fail and produced a hole, allowing gas to escape and ignite a fire that spread to the rest of the property.
The plaintiff alleges the Saunders' property suffered damages of more than $75,000 and it made payments to its insured. It alleges the Gastite tubing was negligently designed, engineered, tested and sold.
The plaintiff is seeking more than $75,000, attorney fees and court costs. The plaintiff is represented by Jared L. Elster and Thomas Paolini of the Law Offices of Robert A. Stutman PC in Berlin, New Jersey.
U.S. District Court for the Eastern District of Pennsylvania case number 5:19-CV-02337