Martini v. Post

¶1 Thomas Martini appeals the trial court’s dismissal of his negligence action against his landlord Paul Post for his wife, Judith Abson’s death after a fire in their rented house. Martini filed the negligence action against Post individually and on behalf of Abson and her three daughters. Before the fire, Martini had repeatedly asked Post to repair windows that were inoperable because they were painted shut. Abson died of smoke inhalation after the inoperable windows prevented her from escaping the fire. The trial court granted Post’s motion for summary judgment on the issue of cause in fact…