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MADISON - ST. CLAIR RECORD

Friday, March 29, 2024

Plumber seeks to dismiss suit accusing him of starting fire in homeowner’s bathroom

A plumber accused of starting a fire while attempting to solder a wall cavity in the bathroom seeks to dismiss the case.

According to the complaint filed March 16, Patricia Osborne-Finucane claims she hired defendant Edward Metzger, doing business as Assured Plumbing, to perform plumbing repairs at her home, located at 2202 W A Street in Belleville.

On March 22, Metzger was allegedly in the process of soldering a wall cavity inside the first floor bathroom when a fire ignited, the suit states.

The plaintiff claims she provided the court documentation regarding the amount outstanding for repairs, expenses incurred due to the fire and personal property destruction. She argues the defendant owes her $198,210 and court costs, claiming the total amount in question is the financial responsibility of the company and its owner.

The defendants filed a motion to dismiss the complaint, claiming the suit fails to state that the duties owed by the defendants or the breach of those duties by the defendants caused the plaintiff’s alleged damages.

They also claim the complaint fails to allege any facts against Country Companies that would state a cause of action under Illinois law.

Circuit Judge Andrew Gleeson scheduled a case management conference for July 13 at 9 a.m.

The plaintiff filed the case pro se.

The defendants are represented by Michael P. Murphy of Freeark, Harvey & Mendillo in Belleville.

St. Clair County Circuit Court case number 15-L-160

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