PITTSBURGH – Counsel for a Pennsylvania woman argues that the plaintiff’s daughter’s death in an electrical fire in September 2021 would have been prevented, had the defendants been aware of the defects present in the home’s electricity systems.
Latoya Pierce (Administratrix of the Estate of N.S., deceased) of Pennsylvania first filed suit in the Allegheny County Court of Common Pleas on Feb. 21 versus 741HIG902 Trust and Equity & Help, Inc. of Clearwater, Fla., plus Muzzie Electrical, LLC and MW Inspection Agency, LLC, also of Pennsylvania.
“On or about June 2018, the Florida defendants purchased the residential premises located at 741 Highland Avenue, Johnstown, PA 15902, for $2,900. Upon information and belief, after purchasing 741 Highland Avenue, the Florida defendants performed renovations on the property. On or about March 10, 2020, the Florida defendants hired Vivid Designs and Home Improvement to perform an inspection of 741 Highland Avenue,” the suit says.
“On March 10, 2020, Bob Veitch from Vivid Designs and Home Improvement performed an inspection and generated a three-page document detailing the results of the inspection. In the inspection document, Bob Veitch rated the condition of the electrical systems at 741 Highland Avenue as ‘bad.’ Veitch further noted in the inspection document that the ‘electric panel should be updated to handle the baseboard heat.’ On or about March 10, 2020, the Florida defendants received the inspection document. On or about March 10, 2020, the Florida defendants were aware of the bad condition of the electrical system at 741 Highland Avenue and the need for the electrical systems to be updated.”
The suit adds that despite being actually aware of the dangerous condition of the electrical systems at 741 Highland Avenue, the Florida defendants took “no action” to remedy it.
“On or about May 1, 2020, the Florida defendants entered into a Land Contract with Tiffany Jones for 741 Highland Avenue, at a purchase price of $39,995, and interest rate of 12%. Upon information and belief, the Florida defendants did not warn Tiffany Jones of the dangerous condition of the electrical system. On Dec. 1, 2020, the Florida defendants served an eviction notice on Tiffany Jones, though Jones continued to reside at the home through September 2021,” the suit states.
“In July 2021, the power at 741 Highland Avenue went out, which, upon information and belief, was the result of the bad condition of the electrical systems. In July 2021, Tiffany Jones contracted with defendant Muzzie Electrical, LLC to perform certain electrical work at the home. In July 2021, defendant Muzzie Electrical, LLC replaced powerbacks at the home and performed other work on the electrical systems at 741 Highland Avenue. In July 2021, Tiffany Jones and/or Muzzie Electrical, LLC, contracted with defendant MW Inspection Agency, LLC, to inspect the electrical systems at 741 Highland Avenue. In July 2021, defendant Muzzie Electrical, LLC, inspected the electrical systems at 741 Highland Avenue and represented that they were safe and in good working condition.”
On Sept. 29, 2021, the plaintiff’s decedent was lawfully on the aforesaid residential premises at 741 Highland Avenue, when suddenly and without warning, a fire started on the first floor, believed to be caused by an arc fault and/or the aforesaid dangerous condition of the electrical systems. The fire rapidly spread throughout the house and caused the death of N.S. due to smoke inhalation.
The suit argues that the defendants “should have expected that those present at the premises would be unaware and thus unable to protect themselves against the dangerous condition, more specifically, that plaintiff’s decedent would be unable to protect herself from the aforementioned dangerous condition.”
For counts of negligence, survival and wrongful death, the plaintiff is seeking damages, jointly and severally, in excess of $75,000.
The plaintiff is represented by Anthony J. Giannetti and Adam D. Shorr of Swartz Culleton, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-002374
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com