Practicing Law With a Passion for the Rights of the Individual
Johnstown Tribune Democrat
SEVEN SPRINGS - The parents of a Fayette County man who died while trying to save his girlfriend from a condominium fire a year ago have filed a lawsuit alleging negligence on the part of five defendants.
Jonathan Michael Murt, 22, and his girlfriend, Sasha Zuro, 26, both of Belle Vernon, died Jan. 27 while on a ski trip with Zuro's friends, says the suit, filed last month in Allegheny Court by the law firm of Wilkes & McHugh of Tampa, Fla.
The suit names as defendants the condominium owner, Burt Raitano; SunRidge Condominium Association; Fitzgerald Chimney Cleaning, Somerset; the fireplace and chimney manufacturer, Majestic; and Anthony Valkanas, Pittsburgh, a friend of the victims who also was visiting at the condominium.
A state police fire marshal ruled the fire accidental and said it likely was sparked by an outdated fireplace.
Burt Raitano II invited the couple and other friends to spend the weekend at his father's condo at The Villages at Seven Springs/SunRidge, the suit says.
None of the condos where visitors can stay is owned by Seven Springs Mountain Resort.
While Raitano and his girlfriend went to the lodge for dinner, another friend, Valkanas, left to get pizza.
Valkanas told police that when he returned, he stoked the fire, ate his pizza and fell asleep while watching television, the suit says.
He awakened around 1 a.m. to find the residence filled with smoke and flames coming from the top of the chimney near the ceiling.
According to the suit, Valkanas told police he saw Murt and warned him to get out before Valkanas left to alert other residents.
The suit says Valkanas assumed Murt and Zuro escaped unharmed.
The suit alleges that SunRidge Condominium Association failed to take proper steps to inspect fireplaces in the condos and take action to make them safe.
It also alleges that the association had a contract with Fitzgerald Chimney Cleaning, Somerset, to inspect and clean the chimneys but the company failed to warn the condo's owner that the chimney contained a large amount of creosote and therefore posed an increased risk of fire.
When Valkanas started a fire in the fireplace, the suit says, that may have caused the creosote in the chimney to burn, the suit says.
The suit also alleges that Valkanas should have monitored the fire and made sure the two victims escaped.
The suit alleges that the fireplace manufacturer, Majestic, distributed a defective fireplace, and that the condo owner failed to properly maintain the fireplace and provide sufficient fire extinguishers in case of an emergency.
A spokesman for Fitzgerald Chimney Cleaning said he had no comment on the lawsuit.
The other defendants could not be reached for comment Thursday evening.