Artoe v. Cap

Plaintiff, Lee Artoe (hereinafter lessor), filed suit against defendants Larry Cap and Margaret Cap (hereinafter Lessees) for fire damage to a building owned by the lessor. The lessees had leased from the lessor a portion of the premises that were damaged by that fire; defendant Ted Zautis was the guarantor of the lease. The complaint filed by the lessor alleged counts in negligence, wilful and wanton misconduct and breach of contract. Thereafter, the lessees filed a motion to dismiss the complaint. In response, the lessor filed a first amended complaint. After the lessees again filed a…