Beirne v. Security Heating-Clearwater Pools, Inc.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND

Plaintiff Robert J. Beirne filed this diver sity action 1 in his capacity as Administrator of the Estate of James C. Benjamin, to recover for Benjamin’s death as a result of a fire that occurred at the residence of his mother, Winona Benjamin, on January 10, 1988. Defendant Security Heating—Clear-water Pools, Inc. (“Security Heating”) installed a wood-oil combination furnace in the basement of the Benjamin residence in November, 1987, and plaintiff contends that Security Heating’s negligence in failing to inspect the wiring in the house and discover…