Altamuro v. Milner Hotel, Inc.

540 F. Supp. 870 (1982)

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Nature of the Case

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Facts

DeLoss, a guest in Room 706, told D that the television in her room was not receiving a picture and requested that it be repaired. Edwin Jennings, the maintenance man employed by went to inspect the TV. He turned the power switch of the television to the 'on' position, but the switch did not activate the set. He moved it to another receptacle in the same room. It began to emit a 'burning' odor and made a 'popping' or 'crackling' sound. Jennings removed the plug from the receptacle and then placed the television in its former position reinserting the plug into the original receptacle with the power switch still in the 'on' position. Jennings went to the Lobby and stated that the TV had a short in it. Jennings didn’t think he turned the set off so he started back up and someone came down the stairs stating there was smoke coming out of one of D's windows on the third floor. The fire department was called and every guest was called about the fire. They eventually discovered that the fire was on the 7^th floor. Altamuro, who operated the newsstand in front of the Hotel, rushed into the Lobby and shouted that smoke was pouring out of one of the rooms. Altamuro then boarded an elevator alone and went to one of the upper floors to alert the residents. Altamuro was warned not to go because the Fire Department was called and would be soon arriving. Altamuro came back down to the Lobby, stayed there for approximately ten minutes, and then boarded the elevator a second time. Again he was warned, 'not to go up.' Altamuro went up again with a police officer and Jennings. They went to the seventh floor. They were joined by Vonada, the Manager. They went to Room 706 and the Officer ordered the door opened over the objections of Vonada to keep the fire contained. Black smoke poured out and made them nauseous and all the men were ordered downstairs. The officer found a woman unconscious on the floor. He picked the woman up and placed her on his shoulder and carried her down to the fifth floor. Altamuro knocking on doors informing guests of the fire. The officer asked Altamuro to take the woman down to the Lobby for him. Altamuro carried the woman downstairs and the officer returned to the seventh floor. He found a tall slender Black male, assisted him to the Lobby, and then across the street away from D. The fireman ordered everyone out. Altamuro was escorted out of the building. Altamuro’s body was found in Room 710 sometime after he had left D to go across the street with the officer. He died from carbon monoxide poisoning. His death occurred after the police and fire department arrived and ordered all civilians to vacate the premises. P sued D.