PITTSBURGH – A Western Pennsylvania man who claimed 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, seeks to add another defendant to his case.
Giridhar Santebennur of Venetia first 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 stated.
“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 stated, 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 said.
Counsel for Rusmur Floors, Inc. filed an answer to the complaint on March 18, denying its assertions and exhibiting new matter, along with levying a cross-claim against its co-defendant, Benjamin Marcus Homes, LLC.
“Rusmur Floors raises the defenses of comparative negligence and contributory negligence, assumption of the risk and spoliation of evidence, to the extent plaintiff and/or the subrogor did not take steps to preserve the evidence to determine the cause and origin of the within fire,” the new matter states, in part.
“All work performed by Rusmur Floors was performed in a workmanlike manner and in accordance with industry standards and all applicable plans and specifications provided to Rusmur Floors. The fire in this matter was caused by other individuals and/or entities over whom Rusmur Floors exercised no control and for whose conduct Rusmur Floors cannot be held liable.”
In the associated cross-claim, Rusmur Floors asserts that Benjamin Marcus Homes, LLC was solely negligent in being the proximate cause of the events at issues.
UPDATE
Plaintiff counsel explained that subsequent investigation revealed an additional defendant, a sub-contractor named Marco Silvia. Accordingly, Santebennur filed to seek permission to amend his complaint and add Silvia to the list of defendants on Oct. 1.
“Plaintiff requests that the Court grant him leave to amend the complaint to include Marco Silva as an additional named defendant, consistent with the proposed amended complaint. Granting leave to amend is proper because it is sought in a timely fashion and based on evidence that shows defendant, Rusmur Floors, Inc., hired Marco Silva to perform flooring installation work at the subject property,” the memorandum filing stated.
“Defendant, Rusmur Floors, for the first time, identified a subcontractor, Marco Silva, as being involved in the installation of the flooring that was caused to ignite due to alleged improper installation and/or materials choice. The sub-contractor was recently identified in July of 2021. Neither the original defendants nor the new defendant will suffer any prejudice if this motion is granted. Marco Silva appears to be liable on plaintiff’s cause of action with co-defendants.”
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 are represented by Donald J. McCormick of Dell Moser Lane & Loughney in Philadelphia and Miles A. Kirshner of Margolis Edelstein, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-000785
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com