Stevens v. Fleming

HUNTLEY, Justice.

I

On August 22, 1984, Walter Roberts, age 78, perished in a fire which destroyed a two story building in downtown Buhl, Idaho owned by Tom and Gloria Fleming. The Flemings operated a bar, kitchen, restaurant, dance floor and card room downstairs and Roberts resided in an apartment upstairs. Following the fire, Roberts was found dead in a doorway leading from the apartment into the hallway. The autopsy and death certificates note that he died of smoke inhalation while attempting to escape. Fire fighters reached the upstairs but did not know the location of Roberts’ apartment.…