PITTSBURGH – New matter and cross-claims have been denied in litigation surrounding the death of a woman in a Johnstown electrical fire in September 2021, allegedly as a result of 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 said.
“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 added 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 stated.
“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 argued 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.”
On April 3, defendant 741HIG902 Trust and Equity & Help, Inc. filed preliminary objections in the case, finding in its view that the plaintiff failed to properly state claims through their complaint and included content which it found to be impertinent, scandalous and irrelevant.
“The amended complaint makes no allegations that objecting defendants hired or contracted with co-defendants for the repairs and inspection in July 2021. Thus, it is evident objecting defendants had no legal obligation to maintain the property and owed no duty to any third-party. Therefore, plaintiff’s amended complaint fails to state of cause of action against objecting defendants for which relief may be granted and the amended complaint must be dismissed,” the objections stated, in part.
“Plaintiff avers no legally recognized duty that a former property owner owed to plaintiff and/or decedent after the sale and at the time of the fire. Pennsylvania law is clear that once a sale of property is consummated, the responsibility for the maintenance or upkeep of the property transfers to the new owner. Here, by virtue of the sale of the property 15 months before the Fire, all rights, obligations and duties the trust, the former owner and Equity, the former owner’s trustee, ceased and all interest, rights, control and responsibility for the property was transferred to Jones. Therefore, plaintiff does not and cannot state a cognizable claim against objecting defendants and they are entitled to have the amended complaint and all claims and cross-claims against them dismissed, with prejudice.”
The defendant further motioned to strike various insufficient pleadings, scandalous and impertinent matter and vague and general allegations from the complaint.
MW Inspection Agency, LLC filed an answer and new matter on April 21, which uniformly denied the plaintiff’s allegations.
It further argued that Muzzie Electrical replaced the main breaker and while it did not deny that it was hired by Muzzie Electrical to inspect the installation of the main breaker box, it added that it was not hired, nor did it perform, any other work other than that inspection.
“Plaintiff’s complaint is barred in whole or in part by the doctrines of contributory negligence and/or assumption of the risk, including but not limited to, the conduct of the administratrix of the estate in her individual capacity, in utilizing heating devices improperly plugged into extension cords/strips. If the decedent suffered any injuries, they were the result of the conduct of Tiffany Jones. Plaintiff’s complaint is barred in whole or in part by the doctrine of lis pendens,” the new matter stated.
It additionally redirected cross-claims for liability to its co-defendants, 741HIG902 Trust and Equity & Help, Inc. and Muzzie Electrical, LLC.
In an April 25 reply to the new matter, the plaintiff denied it in its entirety.
“Paragraphs 52-54 of defendant’s new matter contain conclusions of law or mixed conclusions of fact and law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and which are therefore denied,” per the reply.
UPDATE
On May 15, the plaintiff replied to the new matter and cross-claims of defendants Muzzie Electrical, LLC.
“Paragraphs 52-69 of defendant’s new matter and cross-claim contain conclusions of law or mixed conclusions of fact and law to which no responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure and which are therefore denied,” her reply stated.
Likewise, defendant Muzzie Electrical, LLC denied the cross-claim of its co-defendant MW Inspection Agency, LLC on May 19.
“Paragraph 55 of the cross-claim is an incorporation paragraph to which no response is required. To the extent that a response is deemed to be required, this defendant incorporates its answer, new matter and cross-claims as if set forth at length. Paragraph 56 of the cross-claim contains conclusions of law to which no responses are required. To the extent that responses are deemed to be required, the allegations are denied as against Muzzie Electrical, LLC,” their reply explained.
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 are represented by Jesse M. Endler and Brian F. Breen of Wilson Elser Moskowitz Edelman & Dicker, all in Philadelphia, plus Paul R. Robinson of Meyer Darragh Buckler Bebenek & Eck, Robert A. Weinheimer and Tara L. Maczuzak of DiBella Weinheimer, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-23-002374
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com