PITTSBURGH – Litigation between an insurance company representing a Wexford man and the owner of a chimney sweep business, whose allegedly subpar work caused a fire resulting in almost $300,000 in damages, has been settled.
State Farm Fire and Casualty Company (as subrogee of Mark Hessling) of Bloomington, Ill. first 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 explained 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 stated.
“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 said 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 added that it was 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 said, claiming that the defendant was negligent in performing his duties with care or regard for safety.
UPDATE
Plaintiff counsel filed a praecipe to settle, discontinue and end the litigation on Feb. 10. Terms of the settlement were not disclosed.
“The above-captioned lawsuit has settled. Kindly mark the action discontinued and end,” per the praecipe.
Prior to settlement and for a count of negligence, the plaintiff was seeking damages of at least $291,368.56 plus costs and a trial by jury.
The plaintiff was represented by David J. Rosenberg of Weber Gallagher Simpson Stapleton Fires & Newby, in Pittsburgh.
The defendant did not secure 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