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Ki v. State8/13/2001
This appeal arises from a tragic fire on the campus of the University of Tennessee at Martin, in which Jong-Do Ki lost his life. Jong-Do Ki's parents, Mr. and Mrs. Woo-Jun Ki, filed suit against the state of Tennessee. The Claims Commissioner found that the State was negligent in that it failed to provide the minimum fire safety requirements mandated by the fire codes it had adopted. The Claims Commissioner also found that the Kis were entitled to recover damages for the wrongful death of their son pursuant to section 20-5-113 of the Tennessee Code. Additionally, the Claims Commissioner found that the Kis were entitled to recover the damages they suffered as a result of Jong-Do Ki's death - the pecuniary value of Jong-Do Ki's life. Because we hold that Jong-Do Ki is the only claimant in this case under section 9-8-307(e) of the Tennessee Code, we reverse in part, and we remand to the Claims Commission for further proceedings consistent with this opinion.
Tenn. R. App. P. 3; Appeal as of Right; Judgment of the Claims Commission Affirmed in Part, Reversed in Part and Remanded
Alan E. Highers, J., delivered the opinion of the court, in which W. Frank Crawford, P.J., W.S., and Alan Glenn, J., joined.
OPINION
Facts and Procedural History
The facts in this case are well summarized by the Claims Commissioner:
On the night of January 10, 1997, David Bornfriend and Sarah Branscomb, freshman students enrolled at the University of Tennessee Martin, met at a local bar. After talking for a while, they left in Bornfriend's car and returned to Ellington Hall, a dormitory on the University of Tennessee Martin campus. Bornfriend parked his car on the sidewalk at the end of Ellington Hall, commonly known as a "Y" dormitory. Bornfriend was a resident of Ellington Hall. Branscomb was a resident of another dormitory on the University of Tennessee Martin campus.
Bornfriend and Branscomb proceeded to an outside door to Ellington Hall which is secured by a card reader device. The students living in Ellington Hall were able to enter Ellington Hall through the outside security door until midnight by swiping their student identification card in the card reader. After midnight the card reader was inoperable and students were required to enter through the lobby entrance. Bornfriend and Branscomb entered through the outside security door, climbed three flights of steps and proceeded down the third floor hallway to Bornfriend's room, number 306.
Bornfriend and Branscomb entered room 306. Bornfriend's roommate was not in the room. The room window was opened when they entered. Bornfriend turned on his television. Bornfriend and Branscomb sat on Bornfriend's bed which was the closer of the two beds to the window.
Bornfriend and Branscomb smoked a cigarette while they sat on the bed. Bornfriend lit one or more candles. Bornfriend and Branscomb had one or more alcoholic beverages. Bornfriend and Branscomb began kissing and eventually engaged in sexual intercourse. Following intercourse, Bornfriend and Branscomb fell asleep in Bornfriend's bed.
Some time later, Branscomb awoke and woke up Bornfriend, informing him his shirt was on fire. Bornfriend got out of bed and patted and rolled the shirt attempting to extinguish the fire. During this time, the smoke alarm in Bornfriend's room had sounded. Bornfriend picked up the smoke alarm and held it out the window in an attempt to clear it. Bornfriend dropped or threw the smoke alarm to the ground some distance from his own window. Bornfriend and Branscomb then went back to bed.
A short time later, Branscomb awoke again and noticed a larger fire coming from
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