PITTSBURGH – A Pittsburgh property manager has lodged claims of defamation and breach of contract surrounding alleged improper conduct he was accused of, in connection to a referral fee for a sprinkler project at one of his client’s properties.
Dennis Ham Jr. of Pittsburgh filed suit in the Allegheny County Court of Common Pleas on Aug. 6 versus Pittsburgh Fire Sprinkler, LLC, Brian Kessler, Laura Kessler of Allison Park, plus Chad D. Braun and Clare B. Braun, of Pittsburgh.
The suit says Ham is engaged in the business of property management and included among his clients is an individual named Cheryl R. McAbee.
“On June 16, 2020, defendant Chad Braun authored an email communication addressed to McAbee in which he accused Ham of “extortion” with respect to Pittsburgh Fire Sprinkler, LLC, in conjunction with a sprinkler project being performed by it with respect to certain property owned by McAbee,” according to the lawsuit.
“Specifically, prior to said communication, plaintiff had referred McAbee to Pittsburgh Fire Sprinkler, LLC for the subject sprinkler project, and in conjunction with that referral, plaintiff and Pittsburgh Fire Sprinkler, LLC had agreed plaintiff would receive a payment of $5,000 for the referral. In the subject communication Braun further stated to McAbee that plaintiff had suggested to him that he should “rip off” McAbee in order to obtain the money to pay plaintiff the agreed referral fee.”
Ham says that the Kesslers were copied on the message in question and that the communication was both false and made with the express intent to harm and damage his reputation.
“Plaintiff has in fact been extremely harmed and damaged as a result of the aforementioned false and defamatory statements and communications made about him by defendants in that his business relationship with McAbee has been disrupted and damaged, his business reputation has been damaged and diminished in addition to his reputation in the community has been destroyed. Defendants’ conduct as outlined hereinabove was outrageous and offensive such as to warrant an award of punitive damages in favor of plaintiff,” per the suit.
The lawsuit also addressed the issue of the referral fee of $5,000.
“In conjunction with the referral of McAbee by plaintiff to Pittsburgh Fire Sprinkler, LLC for the subject sprinkler contract, an oral agreement was reached between plaintiff and Pittsburgh Fire Sprinkler, LLC for the payment to plaintiff of a referral fee in the sum of $5,000,” the suit states.
“To date, despite demand, Pittsburgh Five Sprinkler, LLC has failed and refused to pay to plaintiff the agreed $5,000 referral fee. Pittsburgh Fire Sprinkler, LLC has therefore breached its contract with plaintiff for payment of the subject $5,000 referral fee. Plaintiff has been damaged by the breach of contract by Pittsburgh Fire Sprinkler, LLC and remains owed the agreed referral fee of $5,000.”
For counts of defamation and breach of contract, the plaintiff is seeking damages, jointly and severally, in excess of $35,000, in addition to interest, costs and punitive damages, plus a trial by jury.
The plaintiff is represented by Jeffrey T. Morris of Elliott & Davis, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-008380
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com