Lawsuit filed over propane tank that caused Scranton fire

Feb. 17--An insurance company filed a federal lawsuit against the Blue Rhino Corp. and several other entities in connection with a fire at a South Scranton home caused by a leaking propane tank.

State Farm Fire & Casualty Co. is seeking more than $200,000 for damage caused in the Sept. 16, 2018, fire at the 1617 Crown Ave. home of Kevin Rutkowski.

Rutkowski was injured and two cats were killed after the blaze broke out on the back porch and spread to the kitchen, causing extensive damage to the home, according to news reports at the time. City fire officials later determined the propane gas grill caused the fire.

The lawsuit, filed by Blue Bell attorney Daniel deLuca, alleges the fire was caused by a valve failure on the propane tank distributed by Blue Rhino, 5650 University Parkway, Winston-Salem, North Carolina.

In addition to Blue Rhino, the suit names as defendants Gerrity's Supermarket, 950 N. South Road, Scranton, which sold the cylinder to Rutkowski; Worthington Industries, 200 W. Old Wilson Bridge Road, Columbus, Ohio, which distributes propane cylinders; and Emerald Isle Distribution, 7029 Huntley Road, Columbus, Ohio, which distributes replacement valves for propane cylinders.

The lawsuit alleges each defendant failed to ensure the propane tank was safe for use. It seeks damages on several counts, including negligence, liability and breach of warranties.

Joe Fasula, owner of Gerrity's, said that while he is always sad to learn of a fire, his insurance company previously reviewed the circumstances of this incident and determined the store acted responsibly.

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