Strnad v. Garvin

Fahey and Green, JJ.

(dissenting). We respectfully dissent and would affirm the order denying the motion of Paul J. Garvin, the defendant in action No. 1 and a defendant in action No. 2 (defendant), for summary judgment dismissing the complaint in action No. 1 and the complaint in action No. 2 against him. Although we agree with the majority that there is no dispute that defendant is not responsible for starting the fire, we cannot agree that his submissions in support of the motion establish as a matter of law that he is not responsible for the spread of the fire and the ensuing damage to the…