Linda Daum, trustee of the LMD Revocable Trust, has filed a civil complaint against Dominic Montani, doing business as The Capture Company, alleging negligence in a pest control service gone wrong. The complaint was filed on an unspecified date in the Court of Common Pleas of Allegheny County, Pennsylvania. Daum claims that Montani's actions led to significant property damage and potential health hazards.
The case centers around an incident that began on July 15, 2023, when Daum discovered raccoons inhabiting a chimney at her residence in Bethel Park, Pennsylvania. Initially unsuccessful in removing the animals with another service provider, Daum turned to Montani's company for a solution. Montani assured Daum of his expertise and proposed installing a metal cap on the chimney flue to prevent the raccoons' return. However, according to the complaint, Montani's nephew mistakenly installed the cap on the wrong flue—one servicing a gas-fired boiler instead of the intended decorative fireplace flue.
This error allegedly created hazardous conditions by blocking proper ventilation for combustion gases from the boiler. On January 16, 2024, Daum discovered mold and discoloration in her home near this chimney flue. Further investigation revealed high levels of natural gas within her home due to improper venting caused by the misplaced cap. The situation necessitated immediate evacuation and prompted further inspection by professionals who identified steam emanating from mortar joints as evidence of blocked emissions.
Daum accuses Montani of failing to exercise reasonable care and skill required for such work. She cites several points of negligence: improper identification of chimney flues before installation, inadequate employee training and supervision, misrepresentation as an expert in pest control solutions, and executing repairs without proper qualifications.
As a result of these alleged failings, Daum reports extensive damages including costs for replacing her boiler ($17,148.72), repairing exterior brickwork ($8,540), repainting interior walls ($689.79), correcting improperly designed caps/vents ($700), and addressing emotional distress from potential carbon monoxide exposure. She also claims diminished property value due to exterior discoloration.
In seeking judgment from the court, Daum requests compensation not exceeding $50,000 plus costs for damages incurred due to Montani’s negligence.
Representing Linda Daum is attorney Paul R. Giba from Giba Law Office based in Youngstown, Ohio. The case is presided over by judges at the Court of Common Pleas in Allegheny County under Case ID CVPDD008S323F799.