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Neighboring Restaurant Sues Over Fire Damage Caused by Unsupervised Resident

PENNSYLVANIA RECORD

Tuesday, November 26, 2024

Neighboring Restaurant Sues Over Fire Damage Caused by Unsupervised Resident

State Court
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A fire ignited by a cigarette has sparked a legal battle between two neighboring Pittsburgh restaurants. On May 15, 2024, El Burro Inc. and Wes De Renouard filed a complaint in the Court of Common Pleas of Allegheny County, Pennsylvania, against Richard Fest and P.G. Kilroy, LLC, doing business as Nana’s New York Hot Dog Shop.

The plaintiffs allege that the defendants' negligence led to a devastating fire on December 19, 2023. According to the complaint, Ronald Taylor, an unhoused individual permitted by Fest to reside on the premises of Nana’s New York Hot Dog Shop without supervision, accidentally started the fire by dropping a lit cigarette onto a sleeping bag on the second-floor back porch. The flames quickly spread to El Burro's adjacent property at 1108 Federal Street, causing extensive damage.

The City of Pittsburgh Fire Investigation Unit confirmed that the fire originated from Taylor's cigarette and listed him as an occupant of the premises. Plaintiffs claim that Fest was fully aware of Taylor's residence and failed to take necessary precautions to prevent such an incident. "Defendants permitted Ronald Taylor to stay on the Premises overnight without any supervision," reads one part of the complaint.

El Burro Inc. and De Renouard are seeking over $1 million in damages for property destruction and business disruption. They argue that their losses extend beyond repair costs due to ongoing diminished income while their restaurant remains closed for repairs. An emergency mitigation invoice from Americon Restoration estimates restoration costs at $1,067,794.64.

The plaintiffs accuse Fest and P.G. Kilroy LLC of multiple counts of negligence: allowing unhoused individuals to reside unsupervised on their property; failing to conduct background checks; not informing or obtaining permission from surrounding businesses; and failing to supervise Taylor adequately during his stay. The lawsuit asserts that these actions directly resulted in significant financial losses for El Burro Inc.

In addition to monetary compensation exceeding arbitration limits, exclusive of interests and costs, El Burro Inc. and De Renouard demand judgment against both defendants for their alleged carelessness and recklessness in endangering lives and property.

Representing the plaintiffs are attorneys Anthony C. Mengine and Taylor M. Martucci from Kontos Mengine Killion & Hassen law firm.

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