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Wadkins v. Smallwood3/3/2000
*PLEASE NOTE: ADDED "ON MOTION FOR RECONSIDERATION."
JO -013
Katina Wadkins claimed the owners of a duplex apartment, Michael and Josie Smallwood, were responsible for her injuries and her child's death in a fire because they failed to maintain and inspect the "hard- wired" smoke detector in the apartment and failed to install an additional battery-operated smoke detector. Her claims were tried before a jury, which found for the Smallwoods. Wadkins appeals from the judgment entered upon the jury's verdict. For reasons which follow, we affirm.
The evidence showed that in 1988 the Smallwoods agreed to offer their duplex to low-income families in conjunction with the federal Section VIII housing program. In exchange for leaving the duplex in the federal program for at least 10 years, the Smallwoods obtained federal aid to renovate the two apartments in the duplex. The Columbus Housing Authority hired a contractor to renovate the apartments, which included the installation of a hard-wired smoke detector hooked into the apartments' electrical system. The deal included a continuing arrangement whereby the Housing Authority would periodically inspect the apartments, and the Smallwoods agreed to make any repairs the Housing Authority deemed necessary. No evidence suggested the Smallwoods ever failed to make any repairs requested by the Housing Authority.
The jury was informed of the following regulations regarding the hard-wired smoke detector: (1) federal regulation 24 CFR ยง 882.109 (r) (l) required that after October 1992 Section VIII housing "must include at least one battery-operated or hardwired smoke detector in proper working condition on each level of the unit." In addition, the City of Columbus building code required that apartments be provided with an approved smoke detector installed in accordance with the manufacturer's recommendation and listing.
The evidence showed that the Smallwoods were never told that the hard-wired detector might not be functioning. In fact, a tenant who lived in the apartment prior to Wadkins told them the smoke detector was a nuisance because it would go off when there were too many people smoking in the apartment. Evidence indicated there was power to the hard-wired smoke detector the day before the fire because the doorbell, which operated on the same electrical system, was working properly. While this particular brand of hard-wired smoke detector was actually recalled in 1993 by the manufacturer, the Smallwoods were never informed of this recall.
A 1994 Georgia law called for the installation of battery-operated smoke detectors in apartments. However, the Smallwoods were unaware of the law and were never told that they needed to comply with it. It is undisputed that no battery-operated smoke detector was ever installed in Wadkins' apartment.
Wadkins and her children moved into the apartment in August 1994. On the night of the fire, Wadkins put her children to bed in the living room and retired to a back bedroom down the hallway where the smoke detector was installed. Another adult who also lived in the apartment stayed up and watched television in the living room. He was a cigarette smoker. About 3:00 a.m., Wadkins was awakened by the sound of children giggling. She went to check on them and noticed an orange glow and heard popping sounds in the living room. She woke the adult in the living room, who awoke two other adults in another bedroom.
One of the adults testified that when he entered the hallway, he saw an orange glow but did not smell or notice any smoke. He saw the fire in the living room. Wadkins took two of her three children outside, then returned to her bedroom, p
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