Sandstrom v. De Silva

Plaintiff Gail Sandstrom brought this wrongful death and survival action, as administrator of the estate of Pamela Witek, against defendants Parakrama De Silva and the Cornell Village Townhouse Owner’s Association (the Association) on grounds that defendants did not equip and maintain a smoke detector in De Silva’s townhouse. Plaintiff’s decedent, a guest in De Silva’s townhouse, died as a result of a fire.

The Association moved for summary judgment claiming it had no statutory duty to provide a smoke detector in De Silva’s townhouse since it did not "own, possess or control” the unit, and the…