Chimney cap allegedly blew onto roof during storm

CHARLESTON - A man is suing Olympia Chimney Supply for property damage allegedly caused by a defective chimney cap.

During a thunderstorm, a strap of metal that secured the chimney cap to the chimney broke loose from the chimney cap and, as a result, the chimney cap blew onto N.A. Starek's roof, according to a complaint filed Nov. 25 in Kanawha Circuit Court.

Starek claims as a result, water entered his residence and caused damage to the interior of the residence.

The defendant was provided an opportunity to inspect and correct the problem as required by law, according to the suit, and, despite being provided photographs which clearly showed that the chimney cap had improperly broke loose from the metal strap, the defendant refused to replace the chimney cap.

Starek claims the defendant blamed the installer and refused to replace the chimney cap.

The defendant failed to exercise reasonable care in the design of the chimney cap and, as a result, a gust of wind caused the metal, which secured the cap, to break, according to the suit.

Starek is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by William M. Tiano of Tiano O'Dell PLLC.

The case has been assigned to Circuit Judge Louis H. Bloom.

Kanawha Circuit Court case number: 13-C-2213