Preview
CAM-L-002480-23 12/19/2023 1:01:20 PM Pg 1 of 2 Trans ID: LCV20233665443
40794.00453-PAL
LEGAL/157088782.v1
MARSHALL DENNEHEY
BY: Peter A. Lentini, Esquire - NJ Attorney ID #: 034021987
15000 Midlantic Drive ◙ Suite 200
P.O. Box 5429
Mt. Laurel, NJ 08054
856-414-6000 856-414-6077
palentini@mdwcg.com
Attorney for Defendant, HUTCHINSON PLUMBING HEATING COOLING LLC
STEPHANIE SMITH AND WILLIAM SUPERIOR COURT OF NEW JERSEY
SMITH, Individually and as Parents/Natural LAW DIVISION, CIVIL PART
Guardians of S.S., a Minor, CAMDEN COUNTY
Plaintiffs, DOCKET NO.: CAM-L-2480-23
vs. CIVIL ACTION
HUTCHINSON PLUMBING HEATING NOTICE OF MOTION TO OBTAIN
COOLING LLC; PETITTE’S PLUMBING & RECORDS
HEATING INC.; CLEARVIEW EQUITIES
LLC; and ABC CORPORATIONS (1-10) &
JOHN/JANE DOES (1-10),
Defendants.
To: All Counsel
PLEASE TAKE NOTICE that on Friday, January 5, 2024 at 9:00 a.m., or soon
thereafter as counsel may be heard, the undersigned attorney for the Defendant Hutchinson
Plumbing Heating Cooling LLC, will apply to the Superior Court of New Jersey, Camden County,
Camden, New Jersey, for an Order in the form attached hereto.
Movants will rely upon the Certification of Counsel in support of said motion, which is
annexed hereto.
Pursuant to R. 1:6-2(d), the undersigned does not request oral arguments at this time
unless timely opposition hereto is filed or the court is inclined to deny this application.
A proposed form of Order is attached.
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MARSHALL DENNEHEY
By: _____________________________
PETER A. LENTINI, ESQUIRE
Dated: December 19, 2023
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LEGAL/157087299.v1
MARSHALL DENNEHEY
BY: Peter A. Lentini, Esquire - NJ Attorney ID #: 034021987
15000 Midlantic Drive ◙ Suite 200
P.O. Box 5429
Mt. Laurel, NJ 08054
856-414-6000 856-414-6077
palentini@mdwcg.com
Attorney for Defendant, HUTCHINSON PLUMBING HEATING COOLING LLC
STEPHANIE SMITH AND WILLIAM SUPERIOR COURT OF NEW JERSEY
SMITH, Individually and as Parents/Natural LAW DIVISION, CIVIL PART
Guardians of S.S., a Minor, CAMDEN COUNTY
Plaintiffs, DOCKET NO.: CAM-L-2480-23
vs. CIVIL ACTION
HUTCHINSON PLUMBING HEATING ORDER
COOLING LLC; PETITTE’S PLUMBING &
HEATING INC.; CLEARVIEW EQUITIES
LLC; and ABC CORPORATIONS (1-10) &
JOHN/JANE DOES (1-10),
Defendants.
AND NOW, this _____________ day of ________________, 2023, pursuant to N.J.S.A.
9:6-8.10(a) it is hereby ORDERED and DECREED that the Division of Child Protection and
Permanency shall produce to this Court for in-camera inspection all investigation results or
documentation pertaining to an accident that occurred on April 3, 2023 at the property owned by
William R. and Stephanie V. Smith at 11 Hidden Acres Drive in Voorhees, New Jersey 08043.
This Order requires the production of all investigative documentation, reports, complaints,
abstracts, background checks, color photographs, video recordings, written or recorded
statements, correspondence or other materials of any kind involving scald injuries suffered by a
minor, S. Smith, on April 3, 2023.
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This Court will perform an in-camera review of the produced materials and determine
which materials, if any, must be disclosed to counsel to allow the parties opportunity to litigate
the above-captioned case.
_______________________________
J.S.C.
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40794.00453-PAL
LEGAL/157089648.v1
MARSHALL DENNEHEY
BY: Peter A. Lentini, Esquire - NJ Attorney ID #: 034021987
15000 Midlantic Drive ◙ Suite 200
P.O. Box 5429
Mt. Laurel, NJ 08054
856-414-6000 856-414-6077
palentini@mdwcg.com
Attorney for Defendant, HUTCHINSON PLUMBING HEATING COOLING LLC
STEPHANIE SMITH AND WILLIAM SUPERIOR COURT OF NEW JERSEY
SMITH, Individually and as Parents/Natural LAW DIVISION, CIVIL PART
Guardians of S.S., a Minor, CAMDEN COUNTY
Plaintiffs, DOCKET NO.: CAM-L-2480-23
vs. CIVIL ACTION
HUTCHINSON PLUMBING HEATING CERTIFICATION OF COUNSEL IN
COOLING LLC; PETITTE’S PLUMBING & SUPPORT OF MOTION TO OBTAIN
HEATING INC.; CLEARVIEW EQUITIES RECORDS FROM THE DIVISION OF
LLC; and ABC CORPORATIONS (1-10) & CHILD PROTECTION
JOHN/JANE DOES (1-10),
Defendants.
I, Peter A. Lentini, Esquire, being of full age, do hereby certify as follows:
1. I am an attorney in the firm of Marshall Dennehey, counsel for Defendant
Hutchinson Plumbing Heating Cooling LLC, and in this capacity, I am familiar with the facts of
this matter.
2. I submit this Certification in support of the defendant Hutchinson Plumbing
Heating Cooling LLC’s Motion to Obtain Records from the New Jersey Department of Health,
Division of Child Protection and Permanency (formerly DYFS) relating to this case.
3. This case arises out of a scalding incident on April 3, 2023 involving a four month
old child, who is the minor plaintiff herein.
4. Amber Engle, the au pair that was bathing the infant, returned to the Netherlands
after the incident.
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5. Plaintiff filed a Complaint on September 5, 2023 identifying Hutchinson Plumbing
Heating Cooling LLC; Petitte’s Plumbing & Heating LLC; Clearview Equities LLC and ABC
Corporations (1-10) & John/Jane Does (1-10) as defendants. Exhibit A
6. Hutchinson sent an OPRA request to the New Jersey Department of Health,
Division of Child Protection and Permanency seeking records relating to its investigation of the
incident. The Department sent the reply attached as Exhibit B, which required the filing of this
motion pursuant to N.J.S.A. 9:6-8.10(a) as effectuated by N.J.S.A. 47:1A-9.
7. Based on these statutes, it appears the records from Child Protection must be sent
directly to Your Honor for review in-camera. This will enable you to determine what records to
provide to counsel so that we may fully and fairly litigate this matter. To begin this process, we
need a court order in the form attached hereto.
8. Every party has an interest in obtaining complete copy of the investigative file
maintained by the New Jersey Department of Children and Families, Division of Child
Protection and Permanency.
I hereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements made by me are willfully false, I am subject to punishment.
MARSHALL DENNEHEY
By: _____________________________
PETER A. LENTINI, ESQUIRE
Dated: December 19, 2023
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40794.00453-PAL
LEGAL/157089009.v1
MARSHALL DENNEHEY
BY: Peter A. Lentini, Esquire - NJ Attorney ID #: 034021987
15000 Midlantic Drive ◙ Suite 200
P.O. Box 5429
Mt. Laurel, NJ 08054
856-414-6000 856-414-6077
palentini@mdwcg.com
Attorney for Defendant, HUTCHINSON PLUMBING HEATING COOLING LLC
STEPHANIE SMITH AND WILLIAM SUPERIOR COURT OF NEW JERSEY
SMITH, Individually and as Parents/Natural LAW DIVISION, CIVIL PART
Guardians of S.S., a Minor, CAMDEN COUNTY
Plaintiffs, DOCKET NO.: CAM-L-2480-23
vs. CIVIL ACTION
HUTCHINSON PLUMBING HEATING PROOF OF FILING / SERVICE
COOLING LLC; PETITTE’S PLUMBING &
HEATING INC.; CLEARVIEW EQUITIES
LLC; and ABC CORPORATIONS (1-10) &
JOHN/JANE DOES (1-10),
Defendants.
I hereby certify that the original of the within Motion to Obtain Records has been efiled
with the Clerk of Camden County Superior Court, Camden, New Jersey.
MARSHALL DENNEHEY
By: _____________________________
PETER A. LENTINI, ESQUIRE
Dated: December 19, 2023
PROOF OF SERVICE: On December 19, 2023, I, the undersigned, efiled the above
pleading to the following:
Jeffrey P. Goodman, Esquire
Saltz Mongeluzzi Bendesky
8000 Sagemore Drive, Suite 8303
Marlton, NJ 08053
Attorney for Plaintiffs
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Patrick O. Lacsina, Esquire
Patrick O. Lacsina Law Offices, LLC
215 N. 5th Street, Suite 1
Harrison, NJ 07029
Attorney for Defendant, Clearview Equities LLC
Gaetano Mercogliano, Esquire
Sweeney & Sheehan, P.C.
216 Haddon Avenuem Suite 300
Collingswood, NJ 08108
Attorney for Defendant, Petitte’s Plumbing & Heating Inc.
Jordan L. Howell, Esquire
Saltz Mongeluzzi & Bendesky, P.C.
1650 Market Street, 52nd Floor
Philadelphia, PA 19103
Co-Counsel for Plaintiffs
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
/s/ Marie Russo
________________________
Marie Russo
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EXHIBIT A
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SALTZ MONGELUZZI BENDESKY
8000 Sagemore Drive, Suite 8303
Marlton, NJ 08053
(856) 751-8383
FAX (856) 751-0868
JEFFREY P. GOODMAN/JORDAN L. HOWELL
Identification No.: 026812010/79372019
ATTORNEYS FOR PLAINTIFFS
STEPHANIE SMITH AND WILLIAM
SMITH, Individually and as Parents/ SUPERIOR COURT OF NEW JERSEY
Natural Guardians of CAMDEN COUNTY
S.S., a Minor LAW DIVISION
11 Hidden Acres Drive
Voorhees, NJ 08043
Plaintiffs,
NO.
vs.
COMPLAINT AND JURY TRIAL
HUTCHINSON PLUMBING HEATING DEMANDED
COOLING LLC
621 Chapel Avenue
Cherry Hill, NJ 08034
And
PETITTE’S PLUMBING & HEATING
INC.
25 Bridge Road
Lumberton, NJ 08048
And
CLEARVIEW EQUITIES LLC
One North Apple Street
Lakewood, NJ 08701
And
ABC CORPORATIONS (1-10) &
JOHN/JANE DOES (1-10)
Defendants.
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COMPLAINT – CIVIL ACTION
1. Plaintiffs, Stephanie Smith and William Smith, as parents and natural guardians of
S.S., are adult individuals and citizens of the State of New Jersey, residing in Camden County at
11 Hidden Acres Drive, Vorhees, NJ, 08043.
2. Plaintiffs bring this suit individually and on behalf of their minor child, S.S., who
resides with Plaintiffs in Camden County at 11 Hidden Acres Drive, Vorhees, NJ, 08043.
Business Activities of Defendants
3. Defendant, Hutchinson Plumbing Heating Cooling LLC (“Hutchinson”), is a
business entity organized and existing under the laws of New Jersey, with a primary place of
business located at 621 Chapel Avenue, Cherry Hill, New Jersey 08034.
4. Defendant, Hutchinson, purposely established significant contacts in New Jersey,
and has carried out, and continues to carry out, substantial, continuous and systematic business
activities in New Jersey and has regularly conducted business in Camden County.
5. At all times relevant hereto, Defendant, Hutchinson, was acting by and through its
agents, servants, and/or employees who were acting within the course and scope of their agency,
authority and/or employment with Defendant, Hutchinson.
6. Defendant, Petitte’s Plumbing & Heating Inc. (“Petitte’s”), is a business entity
organized and existing under the laws of New Jersey, with a primary place of business located at
25 Bridge Road, Lumberton, New Jersey 08048.
7. Defendant, Petitte’s, purposely established significant contacts in New Jersey, and
has carried out, and continues to carry out, substantial, continuous and systematic business
activities in New Jersey and has regularly conducted business in Camden County.
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8. At all times relevant hereto, Defendant, Petitte’s, was acting by and through its
agents, servants, and/or employees who were acting within the course and scope of their agency,
authority and/or employment with Defendant, Petitte’s.
9. Defendant, Clearview Equities LLC (“Clearview”), is a business entity organized
and existing under the laws of New Jersey, with a primary place of business located at One North
Apple Street, Lakewood, New Jersey 08701.
10. Defendant, Clearview, purposely established significant contacts in New Jersey,
and has carried out, and continues to carry out, substantial, continuous and systematic business
activities in New Jersey and has regularly conducted business in Camden County.
11. At all times relevant hereto, Defendant, Clearview, was acting by and through its
agents, servants, and/or employees who were acting within the course and scope of their agency,
authority and/or employment with Defendant, Clearview.
Responsibilities of Defendant Hutchinson
12. At all times relevant hereto, Defendant Hutchinson was registered and licensed with
the State of New Jersey as a “home improvement contractor” under license number:
13VH01747500.
13. On January 7, 2021, Defendant Hutchinson was hired to install and set up a water
heater at Plaintiffs’ home.
14. Defendant Hutchinson has a duty to ensure that the water heater was set to a safe
and reasonable temperature that did not endanger the residents of the home.
15. As a home improvement contractor, Defendant has a duty to ensure that the
appliances Defendant installs are safe for activities for which the premises and appliances are
regularly used, intended to be used, and reasonably foreseen to be used.
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16. Contractors, such as and including Defendant Hutchinson, have a responsibility to
ensure that their work does not create an unsafe condition at a customer’s home.
17. Contractors, such as and including Defendant Hutchinson, have a responsibility to
use reasonable care in carrying out all work including the installation, maintenance and testing of
appliances.
18. Contractors, such as and including Defendant Hutchinson, have a responsibility to
ensure that unsafe conditions do not exist at a customer’s home following the completion of the
work performed.
19. Contractors, such as and including Defendant Hutchinson, have a responsibility to
use reasonable care in performing their work so as not to expose customers and their families to
harm.
20. Contractors, such as and including Defendant Hutchinson, have a responsibility to
train and oversee their workers and to ensure their safety and workmanship responsibilities are
being satisfied.
21. Contractors, such as and including Defendant Hutchinson, have a responsibility to
follow manufacture guidelines and specifications in the installation of appliances such as water
heaters.
22. Contractors, such as and including Defendant Hutchinson, have a responsibility to
inspect their work to ensure their work does not create dangerous conditions.
23. Contractors, such as and including Defendant Hutchinson, have a responsibility to
test the temperature of water being produced by a hot water heater after installation and set-up.
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24. Contractors, such as and including Defendant Hutchinson, have a responsibility to
ensure that dangerously hot water is not being expelled from faucets following the installation and
set-up of a hot water heater.
25. After installing the water heater, Defendant Hutchinson set the water heater
thermostat dial to a dangerous and unreasonably hot temperature.
26. Defendant Hutchinson set the hot water heater thermostat to a dangerously high
setting producing water temperatures in excess of 174 degrees Fahrenheit.
27. Water temperatures from bathtub/shower faucets above 120 degrees Fahrenheit are
dangerous and are prohibited by all model plumbing codes.
28. Defendant Hutchinson failed to perform an inspection following its work to ensure
that the installation and set-up of the hot water heater did not create a dangerous condition in
Plaintiffs’ home.
29. Defendant Hutchinson failed to test the temperature of the water being produced by
the hot water heater it installed and set-up in Plaintiffs’ home.
30. Defendant Hutchinson failed to ensure the faucets in Plaintiffs’ home were not
expelling unreasonably and dangerously hot water due to the installation and set-up of the hot
water heater it had installed.
31. Unbeknownst to Plaintiffs, the hot water heater in their home, installed and set up
by Defendant Hutchinson, produced hot water capable of causing third degree burns with less than
a second of exposure.
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Responsibilities of Defendants Clearview and Petitte’s
32. At all times relevant hereto, Defendant Petitte’s was registered and licensed with
the State of New Jersey as a “home improvement contractor” under license number:
13VH02574900.
33. At all times relevant hereto, Defendant Clearview was registered and licensed with
the State of New Jersey as a “home improvement contractor” under license number:
13VH11282400.
34. On August 14, 2018, Defendant Clearview owned the premises where the incident
occurred.
35. In 2018, Defendant Clearview was the general contractor for a renovation project
of the subject premises that was later sold to and occupied by Plaintiffs.
36. Upon information and belief, Defendant Clearview hired Defendant Petitte’s to
perform renovation and plumbing work in the master bathroom of the subject home.
37. In 2018, Defendant Petitte’s installed the master bath where the subject incident
occurred.
38. Defendants Clearview and Petitte’s selected and/or installed a dangerous bathtub
faucet in the bathtub of the master bathroom at the subject premises (now Plaintiffs’ home).
39. As a home improvement contractor, Defendants Clearview and Petitte’s have a duty
to ensure that the appliances Defendant installs are safe for activities for which the premises and
appliances are regularly used, intended to be used, and reasonably foreseen to be used.
40. Contractors, such as and including Defendants Clearview and Petitte’s, have a
responsibility to ensure that their work does not create an unsafe condition at a customer’s home.
6
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41. Contractors, such as and including Defendants Clearview and Petitte’s, have a
responsibility to use reasonable care in carrying out all work including the installation,
maintenance and testing of appliances.
42. Contractors, such as and including Defendants Clearview and Petitte’s, have a
responsibility to ensure that unsafe conditions do not exist at a customer’s home following the
completion of the work performed.
43. Contractors, such as and including Defendants Clearview and Petitte’s, have a
responsibility to use reasonable care in performing their work so as not to expose customers and
their families to harm.
44. Contractors, such as and including Defendants Clearview and Petitte’s, have a
responsibility to train and oversee their workers and to ensure their safety and workmanship
responsibilities are being satisfied.
45. Contractors, such as and including Defendants Clearview and Petitte’s, have a
responsibility to follow the International Plumbing Code, all New Jersey and all Camden County
plumbing codes.
46. Contractors, such as and including Defendants Clearview and Petitte’s, have a
responsibility to inspect their work to ensure their work does not create dangerous conditions.
47. Contractors, such as and including Defendants Clearview and Petitte’s, have a
responsibility to test the temperature of water being produced from a faucet after installation and
set-up.
48. Contractors, such as and including Defendants Clearview and Petitte’s, have a
responsibility to ensure that dangerously hot water is not being expelled from faucets following
installation and set-up.
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49. Contractors, such as and including Defendants Clearview and Petitte’s, have a
responsibility to install bathtub faucets that include ASSE 1016 rotational limit stops that limit the
maximum mixed hot water temperature to no greater than 120 degrees Fahrenheit.
50. Defendants Clearview and Petitte’s failed to install an ASSE 1016 compliant
faucet that included a rotational limit stop that prevented water from exiting the faucet at
temperatures greater than 120 degrees Fahrenheit.
51. Defendants Clearview and Petitte’s failed to comply with International Plumbing
Code section 424.3 during the installation of the subject bathtub faucet.
52. As a result of Defendants Clearview and Petitte’s failures, the bathtub faucet was
capable of producing water in excess of 174 degrees.
53. Water temperatures from shower/bathtub faucets above 120 degrees Fahrenheit are
dangerous and are prohibited by all model plumbing codes.
54. Defendants Clearview and Petitte’s failed to perform an inspection following their
work to ensure that the renovation and installation work did not create a dangerous condition in
Plaintiffs’ home.
55. Unbeknownst to Plaintiffs, the master bathroom bathtub, installed and set up by
Defendants Clearview and Petitte’s, produced hot water capable of causing third degree burns with
less than a second of exposure.
The April 3, 2023 Tragedy
56. On April 3, 2023, four-month-old minor Plaintiff was at home.
57. At all times relevant hereto, minor Plaintiff was being bathed by an au pair in the
bathtub located in the master bathroom of the subject premises.
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58. Due to Defendant Hutchinson’s failure to safely install and set-up the hot water
heater, scalding hot water capable of causing third degree burns was expelled from the bathtub
faucet.
59. Due to Defendants Clearview and Petitte’s failure to install a code compliant faucet
with a rotational limit stop, scalding hot water capable of causing third degree burns was expelled
from the bathtub faucet.
60. Upon information and belief, the faucet expelled scalding hot water onto minor
Plaintiff.
61. Minor Plaintiff suffered catastrophic burns caused by excessively hot and scalding
water that was delivered from the faucet of the bathtub of the master bathroom.
62. Plaintiff Stephanie Smith rushed minor Plaintiff from the scene of the incident to
the emergency department at Cooper University Hospital.
63. Within an hour, Minor Plaintiff was transported emergently to St. Christopher’s
Hospital Pediatric Burn Center.
64. Minor Plaintiff suffered severe and catastrophic burns from head-to-toe requiring
numerous surgical procedures including skin grafts.
65. As a direct and proximate result of the Defendants’ negligence, carelessness,
recklessness, and/or other liability-producing conduct, minor Plaintiff sustained excruciating,
painful, permanent, and life-altering injuries, including, but not limited to: scalded burns, second-
degree burns to approximately 18% of total body surface area including scalp, ear, left upper
extremity, left hand, fingers, left flank, left lower extremity and left foot; injuries requiring
numerous skin grafts, injuries requiring wound bed preparation and debridement of 18% total body
surface area; blistering of the skin; pain and suffering; injuries that have and will result in
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permanent and irreparable scarring, scarring that will in the future cause shame, humiliation, and
embarrassment, and loss of life’s pleasures.
a. As a direct and proximate result of the carelessness, negligence, recklessness and
other liability-producing conduct of the Defendants, minor Plaintiff has in the past
required, continues to require, and will in the future require, medical treatment and
care, and has in the past, continues presently, and will in the future incur the cost
of medicines, medical care, hospitalizations, treatment, future operations, testing,
and rehabilitation and attempt to alleviate and/or cure her condition.
b. As a direct and proximate result of the carelessness, negligence, recklessness and
other liability-producing conduct of the Defendants, minor Plaintiff has in the past
and continues to suffer pain, disfigurement, scarring, loss of independence, mental
anguish, humiliation, embarrassment, fear, loss of well-being, inability to enjoy the
normal pleasures of life, and restrictions on her ability to engage in normal activities
and pleasures of life, and other intangible losses.
c. As a direct and proximate result of the carelessness, negligence, recklessness and
other liability-producing conduct of the Defendants, minor Plaintiff will be
prevented in the future from fully performing her duties, activities, occupations and
avocations and has suffered a loss of earning capacity.
66. As a direct and proximate result of the Defendants’ negligence, carelessness,
recklessness, and/or other liability-producing conduct, Plaintiff Stephanie Smith sustained
permanent and life-altering injuries, including, but not limited to: severe emotional distress; pain
and suffering; has been caused to expend various sums of money for medical care, treatment and
medicine, all of which may continue into the future.
d. As a direct and proximate result of the carelessness, negligence, recklessness and
other liability-producing conduct of the Defendants, Plaintiff Stephanie Smith has
in the past required, continues to require, and will in the future require, medical
treatment and care, and has in the past, continues presently, and will in the future
incur the cost of medicines, medical care, treatment, future operations, testing, and
rehabilitation and attempt to alleviate and/or cure her condition.
e. As a direct and proximate result of the carelessness, negligence, recklessness and
other liability-producing conduct of the Defendants, Plaintiff Stephanie Smith has
in the past and continues to suffer pain, disfigurement, scarring, loss of
independence, mental anguish, humiliation, embarrassment, fear, loss of well-
being, inability to enjoy the normal pleasures of life, and restrictions on her ability
to engage in normal activities and pleasures of life, and other intangible losses.
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f. As a direct and proximate result of the carelessness, negligence, recklessness and
other liability-producing conduct of the Defendants, Plaintiff Stephanie Smith will
be prevented in the future from fully performing her duties, activities, occupations
and avocations and has suffered a loss of earning capacity.
67. Defendants are jointly and severally liable for the injuries and damages alleged
herein.
COUNT I - NEGLIGENCE
PLAINTIFFS v. PETITTE’S PLUMBING & HEATING INC.
& CLEARVIEW EQUITIES LLC
68. Plaintiffs incorporate by reference each and every allegation contained in the
preceding paragraphs as though fully set forth herein.
69. At all relevant times, Defendants Petitte’s and Clearview were operating under a
duty to perform work at Plaintiffs’ home without creating dangerous hazards.
70. At all relevant times, Defendants Petitte’s and Clearview were operating under a
duty to construct the master bathroom of Plaintiffs’ home consistent with all codes and regulations.
71. Defendants Petitte’s and Clearview knew or should have known that Plaintiffs in
fact relied on Defendants to exercise reasonable care in constructing the subject premises,
including plumbing facilities located thereon.
72. Defendant Petitte’s and Clearview knew or should have known that Plaintiffs would
not have been able to discover the conditions of the premises, caused by Petitte’s and Clearview,
causing excessively hot and/or scalding water to be delivered from the bathtub’s faucet.
73. Defendants Petitte’s and Clearview breached their duty of care by engaging in
negligent, careless, and reckless conduct, including but not limited to:
g. Failing to safely construct the premises such that it would be suitable for habitation;
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h. Failing to adequately inspect the subject premises for hidden and/or latent defects;
i. Failing to competently provide construction, renovation, and/or maintenance
services;
j. Failing to competently select appliances at the subject premises;
k. Failing to competently install appliances at the subject premises;
l. Failing to competently inspect appliances at the subject premises;
m. Failing to properly inspect the water system at the subject premises;
n. Failing to properly install components of the water system at the subject premises;
o. failing to ensure the bathtub located on the subject premises did not deliver
excessively-hot or scalding water;
p. failing to install a mixing valve in the water system for the subject premises;
q. failing to install a rotational limit stop on the bathtub faucet of the subject premises;
r. failing to take other temperature-controlling measures to ensure that the bathtub
located on the subject premises did not deliver excessively-hot or scalding water;
s. failing to report the existence of latent defects;
t. failing to recommend the hiring of a more qualified individual to remedy any
defects in the water system for the subject premises;
u. being unqualified to perform services/hiring unqualified individuals;
v. failing to warn Plaintiffs and those occupying the subject premises of the latent,
hidden, and undiscoverable dangers on the premises;
w. failing to construction, renovate and maintain a premises safe for young children;
x. constructing and renovating the subject premises in an unreasonable or negligent
manner;
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y. failing to equip the subject premises with appliances and/or components that were
safe and code compliant;
z. failing to equip the subject premises with all necessary appliances and/or
componentry to ensure that the water system for the subject premises did not deliver
excessively hot or scalding water through the bathtub;
aa. creating a dangerous condition in the master bathroom;
bb. failing to test the water system located on the subject premises to ensure that it was
operating properly; and
cc. being otherwise negligent under the circumstances.
74. The conduct of Defendants Petitte’s and Clearview caused and contributed to the
aforesaid accident, and Plaintiffs’ injuries and damages described at length herein.
75. As a direct and proximate result of Petitte’s and Clearview’s negligence,
carelessness, recklessness, and/or other liability-producing conduct, minor Plaintiff sustained
excruciating, permanent, and life-altering injuries and damages, as previously described.
76. Petitte’s and Clearview are jointly and severally liable for minor Plaintiff’s injuries
and damages.
WHEREFORE, Plaintiffs demand judgment against Defendants Petitte’s and Clearview
jointly and severally, separate sums of monetary damages including but not limited to
compensatory damages, and/or punitive or exemplary damages, and brings this action to recover
the same.
COUNT II – NEGLIGENCE
PLAINTIFFS v. HUTCHINSON PLUMBING HEATING COOLING LLC
77. Plaintiffs incorporate by reference each and every allegation contained in the
preceding paragraphs as though fully set forth herein.
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78. At all relevant times, Defendant Hutchinson was operating under a duty to perform
work at Plaintiffs’ home without creating dangerous conditions.
79. At all relevant times, Defendant Hutchinson was operating under a duty to safely
install a water heater and water system at the premises.
80. At all relevant times, Defendant Hutchinson was operating under a duty to inspect
the premises for hazards after installing the water heater and its components.
81. Defendant Hutchinson knew or should have known that Plaintiffs in fact relied on
Defendant Hutchinson to exercise reasonable care in installing and setting the water heater at the
premises.
82. Defendant Hutchinson knew or should have known that Plaintiffs would not have
been able to discover the conditions of the premises, caused by Hutchinson, causing excessively
hot and/or scalding water to be delivered from the bathtub’s faucet.
83. Defendant Hutchinson breached its duty of care by engaging in negligent, careless,
and reckless conduct, including but not limited to:
a. failing to provide a safe premises, suitable for habitation;
b. failing to adequately inspect the subject premises for hidden and/or latent defects;
c. failing to adequately inspect the water system for the subject premises for hidden
and/or latent defects;
d. failing to competently installing, repair and/or provide maintenance services;
e. failing to competently service the water heater located on the subject premises;
f. failing to competently install the water heater at the subject premises;
g. failing to properly set the thermostat on the water heater located on the subject
premises;
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h. failing to install a mixing valve in the water system for the subject premises;
i. failing to take other temperature-controlling measures to ensure that the bathtub
located on the subject premises did not deliver excessively hot or scalding water;
j. failing to report the existence of latent defects;
k. failing to recommend the hiring of a more qualified individual to remedy any
defects in the water system for the subject premises;
l. being unqualified to perform services/assigning unqualified individuals;
m. failing to warn Plaintiffs and those occupying the subject premises of the latent,
hidden, and undiscoverable dangers on the premises;
n. failing to perform a safety check following the installation of the hot water heater;
o. failing to warn Plaintiffs and those occupying the subject premises of the dangers
involved with bathtub located on the subject premises;
p. failing to warn minor Plaintiff and those occupying the subject premises that the
thermostat for the water heater located on the subject premises was not properly
set;
q. failing to warn minor Plaintiff and those occupying the subject premises that no
mixing valve was installed in the water system for the subject premises;
r. failing to warn minor Plaintiff and those occupying the subject premises that no
temperature-controlling measures were in place to ensure that the bathtub located
on the subject premises did not deliver excessively-hot or scalding water;
s. failing to ensure the water system at the premises was safe for young children;
t. creating a dangerous condition at the subject premises;
u. setting the water heater to dispel water at an excessive temperature;
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v. failing to test the water system located on the subject premises to ensure that it was
operating properly;
w. failing to perform maintenance on the water system located on the subject premises
to ensure that it was operating properly; and
x. being otherwise negligent under the circumstances.
84. The conduct of Defendant Hutchinson caused and contributed to the aforesaid
accident, and Plaintiffs’ injuries and damages described at length herein.
85. As a direct and proximate result of Defendant Hutchinson’s negligence,
carelessness, recklessness, and/or other liability-producing conduct, minor Plaintiff sustained
excruciating, permanent, and life-altering injuries and damages, as previously described.
86. Defendant Hutchinson is jointly and severally liable for minor Plaintiff’s injuries
and damages.
WHEREFORE, Plaintiffs demand judgment against Defendant Hutchinson jointly and
severally, separate sums of monetary damages including but not limited to compensatory damages,
and/or punitive or exemplary damages, and brings this action to recover the same.
COUNT III - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
PLAINTIFF STEPHANIE SMITH v.
HUTCHINSON PLUMBING HEATING COOLING LLC
87. Plaintiffs incorporate by reference each and every allegation contained in the
preceding paragraphs as though fully set forth herein.
88. At all relevant times, Defendant Hutchinson was operating under a duty to perform
work at Plaintiffs’ home without creating dangerous conditions.
89. At all relevant times, Defendant Hutchinson was operating under a duty to safely
install a water heater and hot water system at the premises.
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CAM-L-002480-23 12/19/2023 1:01:20 PM Pg 1 of 2 Trans ID: LCV20233665443 40794.00453-PAL LEGAL/157088782.v1 MARSHALL DENNEHEY BY: Peter A. Lentini, Esquire - NJ Attorney ID #: 034021987 15000 Midlantic Drive ◙ Suite 200 P.O. Box 5429 Mt. Laurel, NJ 08054 856-414-6000 856-414-6077 palentini@mdwcg.com Attorney for Defendant, HUTCHINSON PLUMBING HEATING COOLING LLC STEPHANIE SMITH AND WILLIAM SUPERIOR COURT OF NEW JERSEY SMITH, Individually and as Parents/Natural LAW DIVISION, CIVIL PART Guardians of S.S., a Minor, CAMDEN COUNTY Plaintiffs, DOCKET NO.: CAM-L-2480-23 vs. CIVIL ACTION HUTCHINSON PLUMBING HEATING NOTICE OF MOTION TO OBTAIN COOLING LLC; PETITTE’S PLUMBING & RECORDS HEATING INC.; CLEARVIEW EQUITIES LLC; and ABC CORPORATIONS (1-10) & JOHN/JANE DOES (1-10), Defendants. To: All Counsel PLEASE TAKE NOTICE that on Friday, January 5, 2024 at 9:00 a.m., or soon thereafter as counsel may be heard, the undersigned attorney for the Defendant Hutchinson Plumbing Heating Cooling LLC, will apply to the Superior Court of New Jersey, Camden County, Camden, New Jersey, for an Order in the form attached hereto. Movants will rely upon the Certification of Counsel in support of said motion, which is annexed hereto. Pursuant to R. 1:6-2(d), the undersigned does not request oral arguments at this time unless timely opposition hereto is filed or the court is inclined to deny this application. A proposed form of Order is attached. CAM-L-002480-23 12/19/2023 1:01:20 PM Pg 2 of 2 Trans ID: LCV20233665443 MARSHALL DENNEHEY By: _____________________________ PETER A. LENTINI, ESQUIRE Dated: December 19, 2023 2 CAM-L-002480-23 12/19/2023 1:01:20 PM Pg 1 of 2 Trans ID: LCV20233665443 40794.00453-PAL LEGAL/157087299.v1 MARSHALL DENNEHEY BY: Peter A. Lentini, Esquire - NJ Attorney ID #: 034021987 15000 Midlantic Drive ◙ Suite 200 P.O. Box 5429 Mt. Laurel, NJ 08054 856-414-6000 856-414-6077 palentini@mdwcg.com Attorney for Defendant, HUTCHINSON PLUMBING HEATING COOLING LLC STEPHANIE SMITH AND WILLIAM SUPERIOR COURT OF NEW JERSEY SMITH, Individually and as Parents/Natural LAW DIVISION, CIVIL PART Guardians of S.S., a Minor, CAMDEN COUNTY Plaintiffs, DOCKET NO.: CAM-L-2480-23 vs. CIVIL ACTION HUTCHINSON PLUMBING HEATING ORDER COOLING LLC; PETITTE’S PLUMBING & HEATING INC.; CLEARVIEW EQUITIES LLC; and ABC CORPORATIONS (1-10) & JOHN/JANE DOES (1-10), Defendants. AND NOW, this _____________ day of ________________, 2023, pursuant to N.J.S.A. 9:6-8.10(a) it is hereby ORDERED and DECREED that the Division of Child Protection and Permanency shall produce to this Court for in-camera inspection all investigation results or documentation pertaining to an accident that occurred on April 3, 2023 at the property owned by William R. and Stephanie V. Smith at 11 Hidden Acres Drive in Voorhees, New Jersey 08043. This Order requires the production of all investigative documentation, reports, complaints, abstracts, background checks, color photographs, video recordings, written or recorded statements, correspondence or other materials of any kind involving scald injuries suffered by a minor, S. Smith, on April 3, 2023. CAM-L-002480-23 12/19/2023 1:01:20 PM Pg 2 of 2 Trans ID: LCV20233665443 This Court will perform an in-camera review of the produced materials and determine which materials, if any, must be disclosed to counsel to allow the parties opportunity to litigate the above-captioned case. _______________________________ J.S.C. 2 CAM-L-002480-23 12/19/2023 1:01:20 PM Pg 1 of 2 Trans ID: LCV20233665443 40794.00453-PAL LEGAL/157089648.v1 MARSHALL DENNEHEY BY: Peter A. Lentini, Esquire - NJ Attorney ID #: 034021987 15000 Midlantic Drive ◙ Suite 200 P.O. Box 5429 Mt. Laurel, NJ 08054 856-414-6000 856-414-6077 palentini@mdwcg.com Attorney for Defendant, HUTCHINSON PLUMBING HEATING COOLING LLC STEPHANIE SMITH AND WILLIAM SUPERIOR COURT OF NEW JERSEY SMITH, Individually and as Parents/Natural LAW DIVISION, CIVIL PART Guardians of S.S., a Minor, CAMDEN COUNTY Plaintiffs, DOCKET NO.: CAM-L-2480-23 vs. CIVIL ACTION HUTCHINSON PLUMBING HEATING CERTIFICATION OF COUNSEL IN COOLING LLC; PETITTE’S PLUMBING & SUPPORT OF MOTION TO OBTAIN HEATING INC.; CLEARVIEW EQUITIES RECORDS FROM THE DIVISION OF LLC; and ABC CORPORATIONS (1-10) & CHILD PROTECTION JOHN/JANE DOES (1-10), Defendants. I, Peter A. Lentini, Esquire, being of full age, do hereby certify as follows: 1. I am an attorney in the firm of Marshall Dennehey, counsel for Defendant Hutchinson Plumbing Heating Cooling LLC, and in this capacity, I am familiar with the facts of this matter. 2. I submit this Certification in support of the defendant Hutchinson Plumbing Heating Cooling LLC’s Motion to Obtain Records from the New Jersey Department of Health, Division of Child Protection and Permanency (formerly DYFS) relating to this case. 3. This case arises out of a scalding incident on April 3, 2023 involving a four month old child, who is the minor plaintiff herein. 4. Amber Engle, the au pair that was bathing the infant, returned to the Netherlands after the incident. CAM-L-002480-23 12/19/2023 1:01:20 PM Pg 2 of 2 Trans ID: LCV20233665443 5. Plaintiff filed a Complaint on September 5, 2023 identifying Hutchinson Plumbing Heating Cooling LLC; Petitte’s Plumbing & Heating LLC; Clearview Equities LLC and ABC Corporations (1-10) & John/Jane Does (1-10) as defendants. Exhibit A 6. Hutchinson sent an OPRA request to the New Jersey Department of Health, Division of Child Protection and Permanency seeking records relating to its investigation of the incident. The Department sent the reply attached as Exhibit B, which required the filing of this motion pursuant to N.J.S.A. 9:6-8.10(a) as effectuated by N.J.S.A. 47:1A-9. 7. Based on these statutes, it appears the records from Child Protection must be sent directly to Your Honor for review in-camera. This will enable you to determine what records to provide to counsel so that we may fully and fairly litigate this matter. To begin this process, we need a court order in the form attached hereto. 8. Every party has an interest in obtaining complete copy of the investigative file maintained by the New Jersey Department of Children and Families, Division of Child Protection and Permanency. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. MARSHALL DENNEHEY By: _____________________________ PETER A. LENTINI, ESQUIRE Dated: December 19, 2023 2 CAM-L-002480-23 12/19/2023 1:01:20 PM Pg 1 of 2 Trans ID: LCV20233665443 40794.00453-PAL LEGAL/157089009.v1 MARSHALL DENNEHEY BY: Peter A. Lentini, Esquire - NJ Attorney ID #: 034021987 15000 Midlantic Drive ◙ Suite 200 P.O. Box 5429 Mt. Laurel, NJ 08054 856-414-6000 856-414-6077 palentini@mdwcg.com Attorney for Defendant, HUTCHINSON PLUMBING HEATING COOLING LLC STEPHANIE SMITH AND WILLIAM SUPERIOR COURT OF NEW JERSEY SMITH, Individually and as Parents/Natural LAW DIVISION, CIVIL PART Guardians of S.S., a Minor, CAMDEN COUNTY Plaintiffs, DOCKET NO.: CAM-L-2480-23 vs. CIVIL ACTION HUTCHINSON PLUMBING HEATING PROOF OF FILING / SERVICE COOLING LLC; PETITTE’S PLUMBING & HEATING INC.; CLEARVIEW EQUITIES LLC; and ABC CORPORATIONS (1-10) & JOHN/JANE DOES (1-10), Defendants. I hereby certify that the original of the within Motion to Obtain Records has been efiled with the Clerk of Camden County Superior Court, Camden, New Jersey. MARSHALL DENNEHEY By: _____________________________ PETER A. LENTINI, ESQUIRE Dated: December 19, 2023 PROOF OF SERVICE: On December 19, 2023, I, the undersigned, efiled the above pleading to the following: Jeffrey P. Goodman, Esquire Saltz Mongeluzzi Bendesky 8000 Sagemore Drive, Suite 8303 Marlton, NJ 08053 Attorney for Plaintiffs CAM-L-002480-23 12/19/2023 1:01:20 PM Pg 2 of 2 Trans ID: LCV20233665443 Patrick O. Lacsina, Esquire Patrick O. Lacsina Law Offices, LLC 215 N. 5th Street, Suite 1 Harrison, NJ 07029 Attorney for Defendant, Clearview Equities LLC Gaetano Mercogliano, Esquire Sweeney & Sheehan, P.C. 216 Haddon Avenuem Suite 300 Collingswood, NJ 08108 Attorney for Defendant, Petitte’s Plumbing & Heating Inc. Jordan L. Howell, Esquire Saltz Mongeluzzi & Bendesky, P.C. 1650 Market Street, 52nd Floor Philadelphia, PA 19103 Co-Counsel for Plaintiffs I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. /s/ Marie Russo ________________________ Marie Russo 2 CAM-L-002480-23 12/19/2023 1:01:20 PM Pg 1 of 23 Trans ID: LCV20233665443 EXHIBIT A CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg21of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 SALTZ MONGELUZZI BENDESKY 8000 Sagemore Drive, Suite 8303 Marlton, NJ 08053 (856) 751-8383 FAX (856) 751-0868 JEFFREY P. GOODMAN/JORDAN L. HOWELL Identification No.: 026812010/79372019 ATTORNEYS FOR PLAINTIFFS STEPHANIE SMITH AND WILLIAM SMITH, Individually and as Parents/ SUPERIOR COURT OF NEW JERSEY Natural Guardians of CAMDEN COUNTY S.S., a Minor LAW DIVISION 11 Hidden Acres Drive Voorhees, NJ 08043 Plaintiffs, NO. vs. COMPLAINT AND JURY TRIAL HUTCHINSON PLUMBING HEATING DEMANDED COOLING LLC 621 Chapel Avenue Cherry Hill, NJ 08034 And PETITTE’S PLUMBING & HEATING INC. 25 Bridge Road Lumberton, NJ 08048 And CLEARVIEW EQUITIES LLC One North Apple Street Lakewood, NJ 08701 And ABC CORPORATIONS (1-10) & JOHN/JANE DOES (1-10) Defendants. CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg32of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 COMPLAINT – CIVIL ACTION 1. Plaintiffs, Stephanie Smith and William Smith, as parents and natural guardians of S.S., are adult individuals and citizens of the State of New Jersey, residing in Camden County at 11 Hidden Acres Drive, Vorhees, NJ, 08043. 2. Plaintiffs bring this suit individually and on behalf of their minor child, S.S., who resides with Plaintiffs in Camden County at 11 Hidden Acres Drive, Vorhees, NJ, 08043. Business Activities of Defendants 3. Defendant, Hutchinson Plumbing Heating Cooling LLC (“Hutchinson”), is a business entity organized and existing under the laws of New Jersey, with a primary place of business located at 621 Chapel Avenue, Cherry Hill, New Jersey 08034. 4. Defendant, Hutchinson, purposely established significant contacts in New Jersey, and has carried out, and continues to carry out, substantial, continuous and systematic business activities in New Jersey and has regularly conducted business in Camden County. 5. At all times relevant hereto, Defendant, Hutchinson, was acting by and through its agents, servants, and/or employees who were acting within the course and scope of their agency, authority and/or employment with Defendant, Hutchinson. 6. Defendant, Petitte’s Plumbing & Heating Inc. (“Petitte’s”), is a business entity organized and existing under the laws of New Jersey, with a primary place of business located at 25 Bridge Road, Lumberton, New Jersey 08048. 7. Defendant, Petitte’s, purposely established significant contacts in New Jersey, and has carried out, and continues to carry out, substantial, continuous and systematic business activities in New Jersey and has regularly conducted business in Camden County. 2 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg43of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 8. At all times relevant hereto, Defendant, Petitte’s, was acting by and through its agents, servants, and/or employees who were acting within the course and scope of their agency, authority and/or employment with Defendant, Petitte’s. 9. Defendant, Clearview Equities LLC (“Clearview”), is a business entity organized and existing under the laws of New Jersey, with a primary place of business located at One North Apple Street, Lakewood, New Jersey 08701. 10. Defendant, Clearview, purposely established significant contacts in New Jersey, and has carried out, and continues to carry out, substantial, continuous and systematic business activities in New Jersey and has regularly conducted business in Camden County. 11. At all times relevant hereto, Defendant, Clearview, was acting by and through its agents, servants, and/or employees who were acting within the course and scope of their agency, authority and/or employment with Defendant, Clearview. Responsibilities of Defendant Hutchinson 12. At all times relevant hereto, Defendant Hutchinson was registered and licensed with the State of New Jersey as a “home improvement contractor” under license number: 13VH01747500. 13. On January 7, 2021, Defendant Hutchinson was hired to install and set up a water heater at Plaintiffs’ home. 14. Defendant Hutchinson has a duty to ensure that the water heater was set to a safe and reasonable temperature that did not endanger the residents of the home. 15. As a home improvement contractor, Defendant has a duty to ensure that the appliances Defendant installs are safe for activities for which the premises and appliances are regularly used, intended to be used, and reasonably foreseen to be used. 3 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg54of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 16. Contractors, such as and including Defendant Hutchinson, have a responsibility to ensure that their work does not create an unsafe condition at a customer’s home. 17. Contractors, such as and including Defendant Hutchinson, have a responsibility to use reasonable care in carrying out all work including the installation, maintenance and testing of appliances. 18. Contractors, such as and including Defendant Hutchinson, have a responsibility to ensure that unsafe conditions do not exist at a customer’s home following the completion of the work performed. 19. Contractors, such as and including Defendant Hutchinson, have a responsibility to use reasonable care in performing their work so as not to expose customers and their families to harm. 20. Contractors, such as and including Defendant Hutchinson, have a responsibility to train and oversee their workers and to ensure their safety and workmanship responsibilities are being satisfied. 21. Contractors, such as and including Defendant Hutchinson, have a responsibility to follow manufacture guidelines and specifications in the installation of appliances such as water heaters. 22. Contractors, such as and including Defendant Hutchinson, have a responsibility to inspect their work to ensure their work does not create dangerous conditions. 23. Contractors, such as and including Defendant Hutchinson, have a responsibility to test the temperature of water being produced by a hot water heater after installation and set-up. 4 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg65of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 24. Contractors, such as and including Defendant Hutchinson, have a responsibility to ensure that dangerously hot water is not being expelled from faucets following the installation and set-up of a hot water heater. 25. After installing the water heater, Defendant Hutchinson set the water heater thermostat dial to a dangerous and unreasonably hot temperature. 26. Defendant Hutchinson set the hot water heater thermostat to a dangerously high setting producing water temperatures in excess of 174 degrees Fahrenheit. 27. Water temperatures from bathtub/shower faucets above 120 degrees Fahrenheit are dangerous and are prohibited by all model plumbing codes. 28. Defendant Hutchinson failed to perform an inspection following its work to ensure that the installation and set-up of the hot water heater did not create a dangerous condition in Plaintiffs’ home. 29. Defendant Hutchinson failed to test the temperature of the water being produced by the hot water heater it installed and set-up in Plaintiffs’ home. 30. Defendant Hutchinson failed to ensure the faucets in Plaintiffs’ home were not expelling unreasonably and dangerously hot water due to the installation and set-up of the hot water heater it had installed. 31. Unbeknownst to Plaintiffs, the hot water heater in their home, installed and set up by Defendant Hutchinson, produced hot water capable of causing third degree burns with less than a second of exposure. 5 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg76of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 Responsibilities of Defendants Clearview and Petitte’s 32. At all times relevant hereto, Defendant Petitte’s was registered and licensed with the State of New Jersey as a “home improvement contractor” under license number: 13VH02574900. 33. At all times relevant hereto, Defendant Clearview was registered and licensed with the State of New Jersey as a “home improvement contractor” under license number: 13VH11282400. 34. On August 14, 2018, Defendant Clearview owned the premises where the incident occurred. 35. In 2018, Defendant Clearview was the general contractor for a renovation project of the subject premises that was later sold to and occupied by Plaintiffs. 36. Upon information and belief, Defendant Clearview hired Defendant Petitte’s to perform renovation and plumbing work in the master bathroom of the subject home. 37. In 2018, Defendant Petitte’s installed the master bath where the subject incident occurred. 38. Defendants Clearview and Petitte’s selected and/or installed a dangerous bathtub faucet in the bathtub of the master bathroom at the subject premises (now Plaintiffs’ home). 39. As a home improvement contractor, Defendants Clearview and Petitte’s have a duty to ensure that the appliances Defendant installs are safe for activities for which the premises and appliances are regularly used, intended to be used, and reasonably foreseen to be used. 40. Contractors, such as and including Defendants Clearview and Petitte’s, have a responsibility to ensure that their work does not create an unsafe condition at a customer’s home. 6 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg87of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 41. Contractors, such as and including Defendants Clearview and Petitte’s, have a responsibility to use reasonable care in carrying out all work including the installation, maintenance and testing of appliances. 42. Contractors, such as and including Defendants Clearview and Petitte’s, have a responsibility to ensure that unsafe conditions do not exist at a customer’s home following the completion of the work performed. 43. Contractors, such as and including Defendants Clearview and Petitte’s, have a responsibility to use reasonable care in performing their work so as not to expose customers and their families to harm. 44. Contractors, such as and including Defendants Clearview and Petitte’s, have a responsibility to train and oversee their workers and to ensure their safety and workmanship responsibilities are being satisfied. 45. Contractors, such as and including Defendants Clearview and Petitte’s, have a responsibility to follow the International Plumbing Code, all New Jersey and all Camden County plumbing codes. 46. Contractors, such as and including Defendants Clearview and Petitte’s, have a responsibility to inspect their work to ensure their work does not create dangerous conditions. 47. Contractors, such as and including Defendants Clearview and Petitte’s, have a responsibility to test the temperature of water being produced from a faucet after installation and set-up. 48. Contractors, such as and including Defendants Clearview and Petitte’s, have a responsibility to ensure that dangerously hot water is not being expelled from faucets following installation and set-up. 7 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg98of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 49. Contractors, such as and including Defendants Clearview and Petitte’s, have a responsibility to install bathtub faucets that include ASSE 1016 rotational limit stops that limit the maximum mixed hot water temperature to no greater than 120 degrees Fahrenheit. 50. Defendants Clearview and Petitte’s failed to install an ASSE 1016 compliant faucet that included a rotational limit stop that prevented water from exiting the faucet at temperatures greater than 120 degrees Fahrenheit. 51. Defendants Clearview and Petitte’s failed to comply with International Plumbing Code section 424.3 during the installation of the subject bathtub faucet. 52. As a result of Defendants Clearview and Petitte’s failures, the bathtub faucet was capable of producing water in excess of 174 degrees. 53. Water temperatures from shower/bathtub faucets above 120 degrees Fahrenheit are dangerous and are prohibited by all model plumbing codes. 54. Defendants Clearview and Petitte’s failed to perform an inspection following their work to ensure that the renovation and installation work did not create a dangerous condition in Plaintiffs’ home. 55. Unbeknownst to Plaintiffs, the master bathroom bathtub, installed and set up by Defendants Clearview and Petitte’s, produced hot water capable of causing third degree burns with less than a second of exposure. The April 3, 2023 Tragedy 56. On April 3, 2023, four-month-old minor Plaintiff was at home. 57. At all times relevant hereto, minor Plaintiff was being bathed by an au pair in the bathtub located in the master bathroom of the subject premises. 8 CAM-L-002480-23 12/19/2023 09/05/2023 1:01:20 12:15:36PM PM Pg Pg10 9 of 23 22 Trans ID: LCV20233665443 LCV20232519359 58. Due to Defendant Hutchinson’s failure to safely install and set-up the hot water heater, scalding hot water capable of causing third degree burns was expelled from the bathtub faucet. 59. Due to Defendants Clearview and Petitte’s failure to install a code compliant faucet with a rotational limit stop, scalding hot water capable of causing third degree burns was expelled from the bathtub faucet. 60. Upon information and belief, the faucet expelled scalding hot water onto minor Plaintiff. 61. Minor Plaintiff suffered catastrophic burns caused by excessively hot and scalding water that was delivered from the faucet of the bathtub of the master bathroom. 62. Plaintiff Stephanie Smith rushed minor Plaintiff from the scene of the incident to the emergency department at Cooper University Hospital. 63. Within an hour, Minor Plaintiff was transported emergently to St. Christopher’s Hospital Pediatric Burn Center. 64. Minor Plaintiff suffered severe and catastrophic burns from head-to-toe requiring numerous surgical procedures including skin grafts. 65. As a direct and proximate result of the Defendants’ negligence, carelessness, recklessness, and/or other liability-producing conduct, minor Plaintiff sustained excruciating, painful, permanent, and life-altering injuries, including, but not limited to: scalded burns, second- degree burns to approximately 18% of total body surface area including scalp, ear, left upper extremity, left hand, fingers, left flank, left lower extremity and left foot; injuries requiring numerous skin grafts, injuries requiring wound bed preparation and debridement of 18% total body surface area; blistering of the skin; pain and suffering; injuries that have and will result in 9 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg11 10of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 permanent and irreparable scarring, scarring that will in the future cause shame, humiliation, and embarrassment, and loss of life’s pleasures. a. As a direct and proximate result of the carelessness, negligence, recklessness and other liability-producing conduct of the Defendants, minor Plaintiff has in the past required, continues to require, and will in the future require, medical treatment and care, and has in the past, continues presently, and will in the future incur the cost of medicines, medical care, hospitalizations, treatment, future operations, testing, and rehabilitation and attempt to alleviate and/or cure her condition. b. As a direct and proximate result of the carelessness, negligence, recklessness and other liability-producing conduct of the Defendants, minor Plaintiff has in the past and continues to suffer pain, disfigurement, scarring, loss of independence, mental anguish, humiliation, embarrassment, fear, loss of well-being, inability to enjoy the normal pleasures of life, and restrictions on her ability to engage in normal activities and pleasures of life, and other intangible losses. c. As a direct and proximate result of the carelessness, negligence, recklessness and other liability-producing conduct of the Defendants, minor Plaintiff will be prevented in the future from fully performing her duties, activities, occupations and avocations and has suffered a loss of earning capacity. 66. As a direct and proximate result of the Defendants’ negligence, carelessness, recklessness, and/or other liability-producing conduct, Plaintiff Stephanie Smith sustained permanent and life-altering injuries, including, but not limited to: severe emotional distress; pain and suffering; has been caused to expend various sums of money for medical care, treatment and medicine, all of which may continue into the future. d. As a direct and proximate result of the carelessness, negligence, recklessness and other liability-producing conduct of the Defendants, Plaintiff Stephanie Smith has in the past required, continues to require, and will in the future require, medical treatment and care, and has in the past, continues presently, and will in the future incur the cost of medicines, medical care, treatment, future operations, testing, and rehabilitation and attempt to alleviate and/or cure her condition. e. As a direct and proximate result of the carelessness, negligence, recklessness and other liability-producing conduct of the Defendants, Plaintiff Stephanie Smith has in the past and continues to suffer pain, disfigurement, scarring, loss of independence, mental anguish, humiliation, embarrassment, fear, loss of well- being, inability to enjoy the normal pleasures of life, and restrictions on her ability to engage in normal activities and pleasures of life, and other intangible losses. 10 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg12 11of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 f. As a direct and proximate result of the carelessness, negligence, recklessness and other liability-producing conduct of the Defendants, Plaintiff Stephanie Smith will be prevented in the future from fully performing her duties, activities, occupations and avocations and has suffered a loss of earning capacity. 67. Defendants are jointly and severally liable for the injuries and damages alleged herein. COUNT I - NEGLIGENCE PLAINTIFFS v. PETITTE’S PLUMBING & HEATING INC. & CLEARVIEW EQUITIES LLC 68. Plaintiffs incorporate by reference each and every allegation contained in the preceding paragraphs as though fully set forth herein. 69. At all relevant times, Defendants Petitte’s and Clearview were operating under a duty to perform work at Plaintiffs’ home without creating dangerous hazards. 70. At all relevant times, Defendants Petitte’s and Clearview were operating under a duty to construct the master bathroom of Plaintiffs’ home consistent with all codes and regulations. 71. Defendants Petitte’s and Clearview knew or should have known that Plaintiffs in fact relied on Defendants to exercise reasonable care in constructing the subject premises, including plumbing facilities located thereon. 72. Defendant Petitte’s and Clearview knew or should have known that Plaintiffs would not have been able to discover the conditions of the premises, caused by Petitte’s and Clearview, causing excessively hot and/or scalding water to be delivered from the bathtub’s faucet. 73. Defendants Petitte’s and Clearview breached their duty of care by engaging in negligent, careless, and reckless conduct, including but not limited to: g. Failing to safely construct the premises such that it would be suitable for habitation; 11 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg13 12of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 h. Failing to adequately inspect the subject premises for hidden and/or latent defects; i. Failing to competently provide construction, renovation, and/or maintenance services; j. Failing to competently select appliances at the subject premises; k. Failing to competently install appliances at the subject premises; l. Failing to competently inspect appliances at the subject premises; m. Failing to properly inspect the water system at the subject premises; n. Failing to properly install components of the water system at the subject premises; o. failing to ensure the bathtub located on the subject premises did not deliver excessively-hot or scalding water; p. failing to install a mixing valve in the water system for the subject premises; q. failing to install a rotational limit stop on the bathtub faucet of the subject premises; r. failing to take other temperature-controlling measures to ensure that the bathtub located on the subject premises did not deliver excessively-hot or scalding water; s. failing to report the existence of latent defects; t. failing to recommend the hiring of a more qualified individual to remedy any defects in the water system for the subject premises; u. being unqualified to perform services/hiring unqualified individuals; v. failing to warn Plaintiffs and those occupying the subject premises of the latent, hidden, and undiscoverable dangers on the premises; w. failing to construction, renovate and maintain a premises safe for young children; x. constructing and renovating the subject premises in an unreasonable or negligent manner; 12 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg14 13of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 y. failing to equip the subject premises with appliances and/or components that were safe and code compliant; z. failing to equip the subject premises with all necessary appliances and/or componentry to ensure that the water system for the subject premises did not deliver excessively hot or scalding water through the bathtub; aa. creating a dangerous condition in the master bathroom; bb. failing to test the water system located on the subject premises to ensure that it was operating properly; and cc. being otherwise negligent under the circumstances. 74. The conduct of Defendants Petitte’s and Clearview caused and contributed to the aforesaid accident, and Plaintiffs’ injuries and damages described at length herein. 75. As a direct and proximate result of Petitte’s and Clearview’s negligence, carelessness, recklessness, and/or other liability-producing conduct, minor Plaintiff sustained excruciating, permanent, and life-altering injuries and damages, as previously described. 76. Petitte’s and Clearview are jointly and severally liable for minor Plaintiff’s injuries and damages. WHEREFORE, Plaintiffs demand judgment against Defendants Petitte’s and Clearview jointly and severally, separate sums of monetary damages including but not limited to compensatory damages, and/or punitive or exemplary damages, and brings this action to recover the same. COUNT II – NEGLIGENCE PLAINTIFFS v. HUTCHINSON PLUMBING HEATING COOLING LLC 77. Plaintiffs incorporate by reference each and every allegation contained in the preceding paragraphs as though fully set forth herein. 13 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg15 14of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 78. At all relevant times, Defendant Hutchinson was operating under a duty to perform work at Plaintiffs’ home without creating dangerous conditions. 79. At all relevant times, Defendant Hutchinson was operating under a duty to safely install a water heater and water system at the premises. 80. At all relevant times, Defendant Hutchinson was operating under a duty to inspect the premises for hazards after installing the water heater and its components. 81. Defendant Hutchinson knew or should have known that Plaintiffs in fact relied on Defendant Hutchinson to exercise reasonable care in installing and setting the water heater at the premises. 82. Defendant Hutchinson knew or should have known that Plaintiffs would not have been able to discover the conditions of the premises, caused by Hutchinson, causing excessively hot and/or scalding water to be delivered from the bathtub’s faucet. 83. Defendant Hutchinson breached its duty of care by engaging in negligent, careless, and reckless conduct, including but not limited to: a. failing to provide a safe premises, suitable for habitation; b. failing to adequately inspect the subject premises for hidden and/or latent defects; c. failing to adequately inspect the water system for the subject premises for hidden and/or latent defects; d. failing to competently installing, repair and/or provide maintenance services; e. failing to competently service the water heater located on the subject premises; f. failing to competently install the water heater at the subject premises; g. failing to properly set the thermostat on the water heater located on the subject premises; 14 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg16 15of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 h. failing to install a mixing valve in the water system for the subject premises; i. failing to take other temperature-controlling measures to ensure that the bathtub located on the subject premises did not deliver excessively hot or scalding water; j. failing to report the existence of latent defects; k. failing to recommend the hiring of a more qualified individual to remedy any defects in the water system for the subject premises; l. being unqualified to perform services/assigning unqualified individuals; m. failing to warn Plaintiffs and those occupying the subject premises of the latent, hidden, and undiscoverable dangers on the premises; n. failing to perform a safety check following the installation of the hot water heater; o. failing to warn Plaintiffs and those occupying the subject premises of the dangers involved with bathtub located on the subject premises; p. failing to warn minor Plaintiff and those occupying the subject premises that the thermostat for the water heater located on the subject premises was not properly set; q. failing to warn minor Plaintiff and those occupying the subject premises that no mixing valve was installed in the water system for the subject premises; r. failing to warn minor Plaintiff and those occupying the subject premises that no temperature-controlling measures were in place to ensure that the bathtub located on the subject premises did not deliver excessively-hot or scalding water; s. failing to ensure the water system at the premises was safe for young children; t. creating a dangerous condition at the subject premises; u. setting the water heater to dispel water at an excessive temperature; 15 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36 1:01:20 PM PM Pg Pg17 16of of23 22 Trans TransID: ID:LCV20233665443 LCV20232519359 v. failing to test the water system located on the subject premises to ensure that it was operating properly; w. failing to perform maintenance on the water system located on the subject premises to ensure that it was operating properly; and x. being otherwise negligent under the circumstances. 84. The conduct of Defendant Hutchinson caused and contributed to the aforesaid accident, and Plaintiffs’ injuries and damages described at length herein. 85. As a direct and proximate result of Defendant Hutchinson’s negligence, carelessness, recklessness, and/or other liability-producing conduct, minor Plaintiff sustained excruciating, permanent, and life-altering injuries and damages, as previously described. 86. Defendant Hutchinson is jointly and severally liable for minor Plaintiff’s injuries and damages. WHEREFORE, Plaintiffs demand judgment against Defendant Hutchinson jointly and severally, separate sums of monetary damages including but not limited to compensatory damages, and/or punitive or exemplary damages, and brings this action to recover the same. COUNT III - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS PLAINTIFF STEPHANIE SMITH v. HUTCHINSON PLUMBING HEATING COOLING LLC 87. Plaintiffs incorporate by reference each and every allegation contained in the preceding paragraphs as though fully set forth herein. 88. At all relevant times, Defendant Hutchinson was operating under a duty to perform work at Plaintiffs’ home without creating dangerous conditions. 89. At all relevant times, Defendant Hutchinson was operating under a duty to safely install a water heater and hot water system at the premises. 16 CAM-L-002480-23 CAM-L-002480-23 09/05/2023 12/19/202312:15:36