PITTSBURGH – A Wexford plaintiff says that negligence on the part of his chimney sweep with respect to work done on his fireplace, led him to sustain a fire at his residence which caused nearly $300,000 in damages.
State Farm Fire and Casualty Company (as subrogee of Mark Hessling) of Bloomington, Ill. filed suit in the Allegheny County Court of Common Pleas on Nov. 13 versus Almir Cemer (individually and doing business as “Al’s Chimney Sweep”), of Coraopolis.
The suit first explains that Hessling owns property on Timberglen Drive West in Wexford and contracted with Cemer for service to the chimney at that residence.
“Defendant was hired to perform chimney sweep work for Hessling at the Timberglen Drive West property, including but not limited to cleaning, inspection and conversion from a gas system to a wood burning system in October of 2014, then regular chimney sweep service on an almost annual basis until October 2018 and possibly beyond,” the suit states.
“Defendant was the only one to work on the chimney, flue and fireplace and perform chimney sweep service for Hessling. In doing so, defendants negligently performed chimney sweep service. As a result, on April 24, 2020, a fire occurred at the property resulting in substantial damage to the structure and contents.”
The suit says State Farm reimbursed Hessling for his aforementioned damages in the amount of approximately $291,368.56 (including a deductible of $2,311 owed to Mr. Hessling), and adds that it is anticipated that the damage figure will increase during the course of litigation as there are still open elements of the claim.
“Defendant owed Hessling a duty to perform the chimney sweep services in a workmanlike manner that was safe for the intended use,” the suit says, claiming that the defendant was negligent in performing his duties with care or regard for safety.
For a count of negligence, the plaintiff is seeking damages of at least $291,368.56 plus costs and a trial by jury.
The plaintiff is represented by David J. Rosenberg of Weber Gallagher Simpson Stapleton Fires & Newby, in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-011707
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com