Webster v. Heim

This is an appeal from an order of the circuit court of Peoria County, Illinois, dismissing the second amended complaint for failure to state a cause of action.

On December 11, 1976, Webster leased from Heim a second-floor apartment located in Peoria, Illinois. On December 24,1976, at 2 a.m., a fire broke out in a first-floor apartment. The only exit from the second floor was a stairway leading from the first to the second floor. There were no fire doors enclosing this stairway and no smoke detectors in the building. The fire spread up the stairway, preventing its use as a means of escape. In…