Premier Insurance v. Burbidge

The defendant-appellee, Heidi Burbidge (“Burbidge”), lived in a first-floor condominium unit with her eleven year old son, River. Janet Barry (“Barry”) lived in the unit directly above the Burbidge home. This action arose from a fire in the Burbidge unit on September 21, 2004, which spread and caused damage to Barry’s unit.

The Burbidge unit had two bedrooms; Burbidge occupied one, and River slept in the other. At approximately 11:50 EM. on the date in question, in an effort to soothe River to sleep, Burbidge lit a pillar candle that stood on a bedside table in River’s room.2 Burbidge left…