PITTSBURGH – A Pittsburgh couple and their Virginia-based landlords have mutually agreed to dismiss a claim for violation of the Unfair Trade Practices and Consumer Protection Law, in a case where the plaintiffs allege that faulty wiring nearly caused a fire in the home they rented in Penn Hills.
Kade Gardner and Michael Boyle (individually on behalf of their minor son, M.B.) of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Nov. 16 versus Daniel J. Alder and Jimmy Doe of Alexandra, Va. and the Daniel & Marie “Bonnie” Alder Joint Revocable Intervivos Trust of Springfield, Va.
According to the lawsuit, the plaintiffs rented a home from the Alder defendants in Penn Hills, while Doe, a handyman though not a licensed electrician, performed maintenance at the property.
“On April 1, 2020, the defendants knew of a leak from the second-floor bathroom onto wiring in the kitchen directly below it. Defendants knew or should have known that all three floors in the home used a single fuse. Defendants Daniel Alder and the Trust hired defendant Doe to repair the problem prior to plaintiffs moving into the property pursuant to the lease. Said lease began on April 1, 2020 and ended on March 31, 2021, with plaintiffs paying $1,095 per month in rent,” the suit stated.
The plaintiffs said they began experiencing electrical problems shortly after moving in and duly notified their landlords of same over the first seven weeks of their stay.
“On May 20, 2020, plaintiffs’ son was showering in the bathroom above plaintiffs’ kitchen. Plaintiff Gardner was preparing dinner in her kitchen and was standing in her living room when she heard several loud pops coming from the outlet in the kitchen. After plaintiffs’ son was finished showering and getting dressed, plaintiff Gardner noticed the kitchen starting to fill with smoke. As the kitchen started filling with smoke, plaintiff Gardner’s eyes began to burn,” per the suit.
“Plaintiff Gardner went downstairs to try to find a source and was unable to find the source of the smoke. Upon returning upstairs, plaintiff Gardner saw smoke coming out of a light switch in the kitchen near the ‘patched’ and repaired wall and smoke coming out of the bathroom vents on the second floor. The fire was caused by the faulty wiring in the kitchen, directly underneath the bathroom, that defendants knew of and permitted to exist and refused to repair.”
As a result, the plaintiffs say they experienced nervousness, stress and anxiety, fear of death, emotional trauma and depression, in addition to post-traumatic stress disorder.
UPDATE
On March 26, all parties involved mutually agreed to drop the claim for violation of the Unfair Trade Practices and Consumer Protection Law.
“The defendants, Daniel J. Alder and Daniel and Marie “Bonnie” Alder Joint Revocable Intervivos Trust, by and through their counsel, Korry Alden Greene, Esquire, and plaintiffs, Kade Gardner and Michael Boyle, individually and on behalf of their minor son, M.B., by and through their counsel, Bianca M. DiNardo, Esquire and William F. Goodrich, Esquire, and hereby stipulate and agree that Count IV of the complaint against defendants is dismissed, with prejudice,” the stipulation read.
For multiple counts of negligence, negligent misrepresentation and fraudulent misrepresentation, the plaintiffs are seeking damages in excess of the jurisdictional arbitration limit plus interest, costs and a trial by jury.
The plaintiffs are represented by Bianca M. DiNardo and William F. Goodrich of Goodrich & Geist, in Pittsburgh.
The defendants are represented by Korry Alden Greene of Cipriani & Werner, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-011796
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com