Reed v. Phillips

WORKMAN, Justice:

This case is before the Court from the November 22, 1993, order of the Circuit Court of Kanawha County denying the Appellants’ motion for summary judgment and certifying the following questions to this Court:1

1. Whether the absence of a smoke detector in a one or two family dwelling is admissible as evidence of negligence on the part of the landlord in light of W.Va.Code § 29-3-16a, W.Va.Code § 37-6-[30], Title 87 C.S.R., and other applicable laws?

2. If the absence of a smoke detector is admissible as evidence of negligence on the part of landlord, does such absence…