This section contains the nature of the case and procedural background.

The building subject to P and D’s lease agreement was destroyed by fire. P sued D for negligence in contributing to the fire. Andrew Reed, an arson investigator from the Kentucky State Police, who had investigated the cause of the fire at length, stated that in his opinion, 'someone set fire to the paper boxes in or near the Dempsey dumpsters.' Other witnesses testified that these dumpsters, located next to the building, were overflowing with trash, which had been accumulating for days. There was substantial evidence that the fire started in the trash and that the manner in which the trash was accumulated and stored violated portions of the Kentucky Fire Safety Standard Regulations 815 KAR 10:020, relating to accumulating combustible waste and refuse, and to disposal of rubbish, from which a jury could reasonably conclude fire safety code violations were a substantial factor in the spread of the fire and the burning of the building. The trial court rendered Summary Judgment in favor of D, holding that the lease, as a matter of law, contracted away the lessor's right to sue the lessee for the destruction of the premises by fire. '8. Care of Premises - The Lessee shall take good care of the leased premises, reasonable wear and tear excepted. In the event the leased premises are destroyed by fire or act of God, or so severely damaged as not to be suitable for continued occupancy, the Lessee may surrender this lease without further obligation, and this lease shall be cancelled.' The court also held that the act of the arsonist in setting the fire was a superseding cause as a matter of law, thereby breaking the chain of causation. The court of appeals affirmed. P appealed.

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