PITTSBURGH – A Mount Lebanon couple has filed litigation alleging the bottom level of their home was ruined when raw sewage accumulated there due to a line back-up, and are seeking extensive compensatory damages as a result.
Pasquale Merante and Cynthia Merante filed suit in the Allegheny County Court of Common Pleas on Sept. 21 versus Asbury Place, Asbury Health Center and Wesley Hills. All parties are of Mount Lebanon.
“The Merantes own a private, single-family residence in Mount Lebanon and have lived there since 1992. Asbury owns and operates senior living facilities located on Bower Hill Road in Mount Lebanon. During a rainstorm on Dec. 29, 2021, the floor drains in the Merantes’ finished basement backed up, causing raw sewage to accumulate in great volume in the lower level of their home, extensively damaging the Merantes’ residence and personal property,” the suit said.
“The raw sewage back-up also created an unreasonable interference with the Merantes’ health, safety, use and enjoyment of the property. The Merantes contacted the Municipality of Mount Lebanon to report the back-up in their basement and related property damage. On Dec. 29, 2021, the Municipality sent out a crew to respond to the Merantes’ report, and it found that manholes on Ella Street near the property were showing no flow and holding debris. The Municipality then jetted the main sanitary sewer line located near the property and determined that it was clogged with large quantities of adult wipes.”
The suit adds that Mount Lebanon conducted an inspection and determined that the sewage back-up was the result of the defendants flushing adult personal sanitary care products such as wipes, underpads and adult diapers.
“The Merantes, in order to alleviate damage, were required to obtain the services of a general contractor to undertake significant repairs to their property. As a direct and proximate result of the back-up caused by Asbury, the Merantes sustained extensive damages, including without limitation: Restoration costs in excess of $11,000; Costs to repair their finished basement in excess of $29,000; Damages to personal property in excess of $3,000; Hotel expenses in the amount of $135.66, and both loss of use and enjoyment of their property and loss of income, in amounts to be determined at trial,” the suit states.
For counts of negligence, trespass and private nuisance, the plaintiffs are seeking compensatory damages in excess of the compulsory arbitration limits of the Court, punitive damages, interest, costs and all such additional relief that the Court deems necessary and proper.
The plaintiffs are represented by Ryan James and J. Andrew Salemme of Tucker Arensberg, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-22-011918
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com