Robert P. Matusz v. Wellmore Behavioral Health, Inc

 Case Background

The Fire negligence lawsuit was filed on November 9, 2020, by Plaintiff Robert P. Matusz in the Connecticut State, Superior Court of Waterbury Division (Case number: UWY-CV20-6057506-S) and presided over by Judge Robert D. Andrea.

Cause

Robert P. Matusz owned property at 150-152 Meadow Street in Naugatuck, Connecticut. He leased the first floor to Wellmore Behavioral Health, Inc., whose corporate headquarters were located in Waterbury, Connecticut. Joyce A. Moody, the first cousin and only surviving heir of Matusz’s wife, Angela R. Matusz, lived in the second-floor apartment. On June 1, 2019, at approximately 11:24 AM, Wellmore employees noticed a smoke odor emanating from a wall in their leased space. The Naugatuck Fire Department responded and filed an incident report, noting a slight odor of burning wires but found no immediate danger. They advised unplugging a new copier and calling for maintenance.

The next day, June 2, 2019, at approximately 10:00 PM, a major fire broke out at the property, causing significant damage to the building and ultimately resulting in Joyce Moody’s death. Matusz alleged that Wellmore installed the new copier without proper permission or electrical modifications. He further claimed that Wellmore failed to adequately address the initial smoke incident and did not promptly inform him of the situation. Matusz learned about the fire from his wife, who noticed it while driving by the property.

Injuries

Joyce Moody suffered smoke exposure and hypoxia during the fire, which led to her developing a stroke. She subsequently died as a result of these complications. Robert Matusz experienced severe emotional distress, including great shock, pain, and anguish. He developed a fear for his present and future well-being, as well as his life itself, leading to a significant loss in his quality of life.

Damages

The fire caused extensive structural damage to the building at 150-152 Meadow Street, requiring substantial repairs and renovations. Matusz sought compensatory damages for his economic and non-economic losses, punitive damages to punish Wellmore and deter similar conduct in the future, attorney’s fees, and both pre-judgment and post-judgment interest. Additionally, Matusz claimed non-economic damages for emotional distress, loss of quality of life, and ongoing mental anguish related to the traumatic event and its aftermath.

Key Arguments and Proceedings

Legal representation

 

  • Defendant(s):Wellmore Behavioral Health, Inc
    • Counsel for Defendants: Charles F. Gfeller, Esq. | Andrew P. Barsom, Esq. | Olivia C. Tawa, Esq.
    • Experts for Defendant(s): Edwin Dalton

 Claims

Breach of Contract: Matusz alleged that Wellmore violated multiple terms of their lease agreement. Specifically, he claimed Wellmore breached Paragraphs 8.5, 8.6, and Article 23 of the lease by:

  • Installing new equipment (the copier) without proper permission
  • Failing to make necessary electrical modifications for the new equipment
  • Not maintaining the premises in a safe condition
  • Neglecting to promptly inform the landlord of potential safety issues

Violation of Good Faith and Fair Dealing: The plaintiff claimed that Wellmore breached its duty of good faith and fair dealing by:

  • Prioritizing its own interests over those of the property owner and other tenants
  • Failing to take appropriate action when the initial smoke odor was detected
  • Not communicating effectively with the landlord about potential safety concerns
  • Demonstrating negligent and uncaring conduct in its lease obligations

Negligence: Matusz asserted that Wellmore was negligent in several ways, including:

  • Failing to properly address the initial smoke incident on June 1, 2019
  • Not treating the smoke odor as a serious warning sign of potential fire danger
  • Creating dangerous conditions on the property through improper equipment installation and maintenance
  • Neglecting to secure the premises and ensure the safety of other occupants, particularly Joyce Moody
  • Failing to follow proper protocols for reporting and addressing potential fire hazards

Defense

In fire negligence lawsuit, Defendant denied most of the plaintiff’s allegations and offered a special defense.

In their special defense, Wellmore stated that the Naugatuck Fire Department conducted an investigation after the fire. The fire marshal’s report concluded that the most likely cause of the fire was electrical arcing due to improper or spliced wiring and floating junctions in the ceiling’s electrical wiring. Wellmore emphasized that their office was closed and no employees were present at the time of the fire on June 2, 2019. They also asserted that the copier mentioned in the complaint was unplugged and not energized on June 1, 2019, and remained so during the fire.

Wellmore claimed that Matusz was the last person to leave and secure the premises on June 1, 2019, after the fire department responded to the initial call about a burning wire odor. They stated that the copier was never plugged into an extension cord or power strip, but directly into a wall-mounted electrical outlet. The fire marshal’s investigation reportedly found no evidence of extension cords or power strips in Wellmore’s occupied premises.

Ultimately, Wellmore denied being the legal or proximate cause of the fire. They argued that neither their actions nor the copier were responsible for the incident, challenging the plaintiff’s claims of negligence and liability.

Expert Testimony

The plaintiff presented two experts. Michael V. Musco, P.E., a professional engineer with extensive experience in building and facility engineering, argued that Wellmore likely caused the “wire burning” incident on June 1, 2019, which led to the fire the next day. Musco cited an overloaded circuit, improper appliance use, and failure to follow safety protocols as probable causes. Juan C. Contreras, another expert for the plaintiff, was expected to testify that Wellmore failed to prevent the fire and enabled the initial “wire burning” incident.

The defendant’s expert, Edwin Dalton, the Naugatuck Fire Marshal, offered a different perspective. Based on his official investigation, Dalton concluded that the most likely cause of the fire was electrical arcing in the ceiling between the first and second floors. He attributed this to floating junctions and improper splicing of structural electrical wiring, rather than to any specific actions by Wellmore.

Jury Verdict

On April 19, 2024, the jury in the fire negligence lawsuit of Robert P. Matusz vs. Wellmore Behavioral Health, Inc. reached a verdict. After considering the evidence and expert testimonies presented by both sides, the jury ruled in favor of the defendant, Wellmore Behavioral Health, Inc., and against the plaintiff, Robert P. Matusz.

Court Documents:

Complaint

Answer

Jury Verdict