Orkin to Pay Arbitration Award After Alleged Faulty Insulation Leads to House Fire
Plaintiff Thomas Przybylowicz, a 57-year-old Haddam man who suffered neck injuries after jumping from a window during a house fire, alleged improperly installed Orkin-Therm insulation was responsible for the blaze. He won a $623,065 arbitration award.
August 19, 2019 at 12:33 PM
3 minute read
A 57-year-old Haddam man who said his house burnt down due to improperly installed insulation has won a $623,065 arbitration award against Orkin LLC.
Plaintiff Thomas Przybylowicz and Orkin had arbitration in front of Steve Kaplan, of the American Arbitration Association, who ultimately came up with the $623,065 figure.
According to an October 2016 lawsuit and to plaintiff attorney Kevin Matyger, Orkin installed a product known as Orkin-Therm inside Przybylowicz’s home to add an extra layer of insulation to improve heating.
That product, however, was too close to a heat source and caused fires on back-to-back days in November 2015, said Matyger, an associate with The Flood Law Firm in Middletown.
“Orkin should never have installed the product around the stove pipe. Product instructions say the product should not be installed within three inches of a heat source and without a barrier,” Matyger said Monday. “They did neither, and just blew insulation up against the pipe.”
A fire ignited inside Przybylowicz’s home on Nov. 29, 2015, when, according to the lawsuit, the stove pipe to the wood-burning stove penetrated the first-floor ceiling floor and attic floor, causing the plaintiff to evacuate his home.
His attorney said the fire department performed thermal imagery in the attic and determined the house was good for occupancy. But Matyger said the stove pipe ignited again the following morning.
Orkin argued the fire department was to blame for not discovering smoldering materials during its inspection. Its attorneys were Anthony Antonellis and Matthew Rush of Boston-based Sloane and Walsh, and Steven Epstein of Raleigh, North Carolina-based Poyner Spruill. Epstein declined to comment, while Antonellis and Rush did not immediately reply to requests for comment.
Przybylowicz’s initial complaint listed the fire department and several of its employees as defendants, in addition to Orkin, but later withdrew them due to government-immunity protections, his attorney said.
Matyger said Przybylowicz “thought he was going to die a few times,” and suffered emotional trauma and physical injuries that would later require neck surgery.
“At one point, he laid down within the house thinking that this was it,” Matyger said. “He ended up jumping out of a bathroom window, landing on his neck.”
In addition to smoke inhalation, the lawsuit says Przybylowicz suffered post-traumatic stress disorder, depression, anxiety, insomnia and panic attacks.
“He was scarred for his life and thought he was going to die multiple times,” his attorney said.
Matyger said the two sides were far apart at the start of negotiations. He said the defense “offered a nominal amount” that was less than $50,000, while the plaintiff’s side’s initial demand was for $6 million.
“We would have loved to have more, but we believe this was a very good award for our client,” Matyger said.
Because of his emotional state, Przybylowicz has not been able to return work as a nurse for the state, according to Matyger.
Assisting Matyger was his colleague, partner Brian Flood.
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