Asper v. Haffley

458 A.2d 1364 (1983)

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Nature of the Case

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Facts

Joni Marie Asper died of smoke inhalation in a fire that occurred in an apartment which her father rented from Haffley (D). Asper (P) sued D. D's motion for summary judgment was granted by the trial court. D converted the back portion of his business to an apartment and installed storm windows that could not be opened except by breaking the glass. When the fire occurred, Joni was the only person present, and she was unable to exit through any doors because the fire blocked her only means. Evidence of bruises, abrasions, and cuts on her hands and arms would permit an inference that she had made an unsuccessful attempt to break through the storm window in her bedroom to escape the fire. This appeal ensued.