Legal Opinion
Tracie McKelvin and Jerome McKelvin v. Doug Smith.
Court of Civil Appeals of Alabama
Decided December 10, 2010No. 2090779PublishedCited by 6 opinions
1Opinion of the Court
BRYAN, Judge.
Tracie McKelvin and Jerome McKelvin appeal from the dismissal of their claims alleging negligence and wantonness against Doug Smith. We reverse and remand.
The McKelvins sued several defendants, including Smith, alleging various claims based on an allegation of fire occurring at the McKelvins’ house. The complaint alleged that “[o]n [or] about February 10, 2008, the [McKelvins’] home was damaged by a fire due to a defective electrical junction box.” The complaint also alleged that Smith had negligently or wantonly failed to perform “a duty to inspect, investigate, [and/or] provide…
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