PITTSBURGH – A Western Pennsylvania man claims that improper installation of flooring and the lack of oversight from a pair of contractors he hired, led to a fire erupting at his residence.
Giridhar Santebennur of Venetia filed suit in the Allegheny County Court of Common Pleas on Jan. 26 versus Rusmur Floors, Inc. of Bridgeville and Benjamin Marcus Homes, LLC, of McMurray.
“Prior to September 2019, BMH was the general contractor overseeing the construction of the residential property located at 509 Villa Drive, Venetia, PA 15367. Prior to September 2019, BMH retained Rusmur to install flooring at the subject property,” the suit states.
“On Nov. 1, 2019, a fire erupted at the subject property as a result of improper installation of flooring and the lack of oversight at the subject property. Defendants’ careless acts and/or omissions caused and/or substantially contributed to the cause of the damages sustained by plaintiff as herein complained.”
An investigation followed, the lawsuit states, leaving the defendants liable.
“An investigation into this incident revealed that several conditions related to the design, installation, and insulation of the flooring contributed to its occurrence, including: A combustible plywood sub-floor was laid too close to the firebox in violation of the fireplace manufacturer’s instructions and fire safety codes. A non-combustible cement board should have been used for the sub-floor. The sub-floor likely ignited when exposed to heat from the operating fireplace,” per the suit.
“The damages at issue resulted solely from the liability producing conduct of the defendants as more particularly set forth herein, and was due in no manner whatsoever from any act or failure to act on behalf of plaintiff.”
Per the litigation, the damages at issue are alleged to have resulted “solely from the liability producing conduct of the defendants as more particularly set forth herein, and was due in no manner whatsoever from any act or failure to act on behalf of plaintiff.”
“At all times relevant, Allstate Vehicle and Property Insurance Company had an insurance policy with the plaintiff. Allstate made certain payments under the terms of the policy, which was in full force and effect at the time of the fire. Because of said payments, Allstate became subrogated to the rights of the plaintiff. Thus, Allstate’s claimed damages are fixed in the amount of what it paid to plaintiff,” the suit says.
For multiple counts of negligence, breach of express and implied warranties, the plaintiff is seeking damages, jointly, severally, and/or in the alternative with the other defendant(s) in this action, in an amount in excess of compulsory arbitration limits of $35,000, plus interest, costs of suit, delay damages and such other relief as the Court deems appropriate under the circumstances.
The plaintiff is represented by Kevin M. Kelly of de Luca Levine, in Blue Bell.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-21-000785
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com