For Your Data Asper V. Haffley Representative Brief
September 16, 2019
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Asper v. Haffley case brief summary
458 A.2d 1364 (1983)
CASE FACTS
Decedent died of smoke inhalation inward a burn which occurred inward the story that her manful somebody raise rented from appellee landlord. Appellant administratrix instituted proceedings against appellee. Appellee's motion for summary judgment was granted on the grounds that appellant had non alleged sufficient facts on which appellee could hold out held liable on a theory of negligence, that appellee could non hold out flora strictly liable for maintaining a edifice inward violation of 34 Pa. Code § 37.3, too that appellant could non improve her electrical load to contain a theory of strict liability because her asking was untimely.
DISCUSSION
The courtroom reversed the grant of summary judgment inward favor of appellee landlord on appellant administratrix's claim for negligence. The courtroom held that the facts alleged were sufficient to heighten a interrogation of fact. There was a fact resultant every bit to whether appellee was inward violation of an implied warranty of habitability. The other claims were properly dismissed.
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458 A.2d 1364 (1983)
CASE SYNOPSIS
Appellant administratrix sought review of an social club past times the Court of Common Pleas, Clinton County (Pennsylvania), which granted the motion of appellee landlord for summary judgment too which dismissed appellant's actions for negligence too for strict liability for maintaining a edifice inward violation of the Fire too Panic Act, 35 Pa. Stat. § 1221 et seq.CASE FACTS
Decedent died of smoke inhalation inward a burn which occurred inward the story that her manful somebody raise rented from appellee landlord. Appellant administratrix instituted proceedings against appellee. Appellee's motion for summary judgment was granted on the grounds that appellant had non alleged sufficient facts on which appellee could hold out held liable on a theory of negligence, that appellee could non hold out flora strictly liable for maintaining a edifice inward violation of 34 Pa. Code § 37.3, too that appellant could non improve her electrical load to contain a theory of strict liability because her asking was untimely.
DISCUSSION
- The courtroom reversed the order.
- The courtroom held that appellant's negligence claim presented a interrogation of fact because the facts alleged, too reasonable inferences therefrom, were sufficient, if proved, to back upwardly a finding that a unsafe status existed amongst honor to the premises leased, that the landlord was aware of the unsafe status too failed to practice reasonable attention to right the condition, too that the being of the status was inward violation of an implied warranty of habitability.
- Dismissal of the other claims was proper.
The courtroom reversed the grant of summary judgment inward favor of appellee landlord on appellant administratrix's claim for negligence. The courtroom held that the facts alleged were sufficient to heighten a interrogation of fact. There was a fact resultant every bit to whether appellee was inward violation of an implied warranty of habitability. The other claims were properly dismissed.
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