Field v. Loder, Unpublished Decision (10-28-1999)

Plaintiffs-appellants appeal from the trial court's order granting summary judgment in favor of all defendants in this negligence action. They argue:

I. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT BECAUSE THE DEFENDANTS OWED A DUTY OF CARE TO THE PLAINTIFF TO EITHER SWEEP AND ILLUMINATE STAIRS, WHICH WERE COVERED WITH FIRE DEBRIS AND SOOT, BEFORE INVITING HIM TO DESCEND THOSE STAIRS IN THE DARK TO RE-LIGHT A FURNACE IN THEIR BASEMENT, OR TO WARN HIM OF THOSE DANGERS.

II. THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT BECAUSE THE DEFENDANTS FAILED TO CONCLUSIVELY PROVE THEIR…