Graham v. Claypool

Gernon, J.:

This appeal involves the issue of whether, when property has been conveyed by a contract for deed, the “legal” title holder is hable for torts occurring on the property.

Helen Claypool contracted with Photographic Business Sales, Inc., (Photographic) to convey real estate on July 1, 1994. A fire occurred at the property on September 23, 1994. Lynn Graham, a tenant, suffered personal injuiy and loss of personal property in the fire.

Graham sued Helen Claypool, Billie Claypool, Robert Claypool, and Photographic. Helen Claypool moved for summary judgment, which the court granted. Graham…