Johnson v. Blackburn

Joel James Johnson, Jr., a minor, wás killed and Bryana Harkins, also a minor, was seriously injured in a fire which occurred at rental property owned by James R. and Elaine M. Blackburn. In these consolidated actions, Joel's estate and Bryana seek damages resulting from the fire. In addition, Joel's father, Joel James Johnson, seeks damages for Joel's wrongful death. For purposes of this opinion, when we refer to the children's claims, we also include the wrongful death claim of Joel's father.

At summary judgment, the trial court dismissed the children's claims against the Blackburns and…