Windsor at Seven Oaks v. Kelly

The plaintiff, Windsor at Seven Oaks, appeals from a summary judgment granted to the defendant, Lynn A. Kelly. The plaintiff brought suit against Kelly to recover for damage resulting from a fire in the apartment Kelly leased from the plaintiff. We affirm.

The facts of the case are not disputed. Kelly was a tenant in the plaintiff’s building. A fire which damaged the appliances in Kelly’s apartment was caused by Kelly’s negligence. The only issue before the lower court was whether Kelly was liable for the damage created by the fire.

A discussion of this issue requires consideration of the…