The plumber and general contractor who worked on a sewer line on Mardi Gras Drive in Plum in 2003 deny they caused any damage that led to the house explosion on that street a year ago.
The family of a Richard Leith, 64, of Trafford, who was killed in the explosion at 171 Mardi Gras Drive last year, is suing Dominion Peoples Gas Co., Dominion Resources, Higgins Plumbing and W.S. Lea General Contracting.
The suit accuses each company with negligence in the incident that killed Leith, in a natural gas explosion at his daughter's home.
Leith's granddaughter Gianna Pettinato, who was 4 at the time of the explosion, was thrown from the house and suffered a broken leg in the explosion. Gianna, her parents, Tina and Nino Pettinato, and her grandmother Mary Pat Leith are also named as plaintiffs in the suit.
Kevin Higgins, of Higgins Plumbing, was hired to replace the sewer line on the Mardi Gras Drive property in 2003. Higgins in turn hired W. Scott Lea, of W.S. Lea General Contracting, to do the excavation work.
The Leith family complaint accuses Lea and Higgins of damaging the gas line while it was exposed during the excavation. Both men deny that any damage was done to the gas line while they were working near it.
In a cross-claim, Dominion Peoples agrees with the Leith family that Lea and Higgins were negligent in their work on the Mardi Gras Drive property and are responsible for the gas leak that caused the explosion.
Dominion Peoples' cross-claim suggests Lea and Higgins are either solely liable to the plaintiffs or are liable to Dominion Peoples for the damages the gas company might be asked to pay to the Leith family.
The original lawsuit filed by the Leith family states a mechanical piece of equipment was used during the excavation but Lea denies that claim.
In their replies to the lawsuit, Lea and Higgins both state that excavation work done near the gas line in 2003 was performed by hand, not by a machine.
Dominion Peoples alleged that a backhoe, struck the pipe several times and damaged it. Lea and Higgins both deny that claim.
The complaint also stated that when the gas line was exposed, it exhibited signs of rust and wear, and claims neither Lea nor Higgins contacted Dominion Peoples to alert the company that the gas line was exposed.
Lea denied that claim but Higgins admitted Dominion Peoples was not notified when the line was exposed. Both men stated that Dominion Peoples wasn't notified of any corrosion because there was none.
Higgins and Lea were also accused in the original complaint of not properly supporting the gas line while it was exposed, and both men deny that claim.
"It is denied that the gas line was not supported, as only a large enough section of the gas line was exposed to fit a four-inch sewer line beneath the gas pipe. Thus, the gas line was supported on either side by the undisturbed earth," states Higgins' reply.
The original suit claims the "negligent, careless and reckless conduct" of Dominion Peoples, Higgins Plumbing and W.S. Lea General Contracting caused Leith's death and Gianna's injuries.
According to the complaint, Dominion Peoples breached its standard of care regarding the distribution of gas by failing to: inspect gas lines in search of leaks, to maintain the lines to ensure leaks don't occur, to replace pipes, to promptly locate and repair the gas leak, to properly odorize its natural gas, and failing to monitor the work of Lea and Higgins.
Dominion Peoples admits it did not inspect the work site during construction, but the company denies that sections of the pipe, other than the leak site, were corroded.
The Leith family complaint accuses Higgins and Lea each of negligence in failing to: take precautions in excavating near the gas line, to properly supervise the excavation, to support the gas line after it was unearthed, to inspect the gas line for damage, and failing to notify Dominion Peoples of the damage or corroded condition of the pipes.
Higgins and Lea have each denied they were negligent and deny any breach of duty or any breach in the standard of care regarding the sewer line work on Mardi Gras Drive as outlined in the complaint.
In his reply, Lea states he took all appropriate precautions while performing the work and denies that his work caused any damage to the gas line. Lea also states he monitored the work and kept a close watch on the project.
Mary Pat Leith is asking for damages from all three companies under the Wrongful Death and the Survival acts. She seeks restitution for funeral and medical expenses and loss of her husband's contributions and companionship. She is asking for damages for Richard Leith's conscious pain and suffering and loss of his earning power.
Damages requested for Gianna Pettinato include past and future pain and suffering, physical and mental injuries, extensive medical bills and loss of pleasure of life.
Kristie Linden is a staff writer with the Plum Advance-Leader.
