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ESTATE OF VAZQUEZ v. HEPNER6/18/1997
[564 NW2d Page 428]
Daniel Vazquez died as a result of injuries sustained in a fire in the duplex where he was living. The fire started as a result of faulty wiring located in the ceiling space between the first and second floors. Vazquez's estate sued the landlords, alleging they violated the implied warranty of habitability and Iowa Code section 562A.15 (1993) by not making a reasonable inspection of the premises. The district court held that the landlords were not liable for the defects because they had no knowledge or reason to know about the wiring problems. We affirm.
I. Background Facts and Proceedings.
The following facts were stipulated to the district court. In 1992, Daniel Vazquez orally leased the upstairs apartment in a duplex owned by Donald and Betty Hepner. The Hepners had purchased the duplex, located in Davenport, Iowa, in 1986, and it was approximately 100 years old.
On November 23, 1992, a fire broke out in the duplex. Daniel died as a result of injuries he received during the fire. The investigation revealed that the fire started in the ceiling space between the floor level of the second floor and the ceiling of the first floor. The downstairs apartment was vacant at the time. The fire was caused by an electrical fault that occurred as a result of faulty splicing of Romex type wiring with older knob and tube wiring that led to a porch light. The faulty splicing had been done before the Hepners purchased the building and was concealed between the first and second floors.
The Hepners had no knowledge of the existence of the wiring problem, they never performed any repair work near the origin of the fire, and they never hired an electrician to inspect the wiring in the duplex. Further, Daniel never notified the Hepners of any electrical problems in the duplex.
On November 21, 1994, Leonardo Vazquez, as administrator of Daniel's estate, filed a wrongful death petition against the Hepners, alleging common law negligence claims and a violation of the implied warranty of habitability. Before trial, both parties entered into an agreement, asking the district court to accept their stipulations of fact and decide three issues of law. The three issues were:
1. Whether the common law implied warranty of habitability or Iowa Code section 562A.15 creates liability for an electrical defect or wiring defect in a rental premises when the landlord did not know and had no reason to know of the electrical defect or wiring defect.
2. Whether Defendants breached any duty arising from Iowa Code section 562A.15 or from a warranty of habitability under the facts of this case.
3. Whether a breach of any alleged duty as above stated allows for the recovery of personal injury damages. [564 NW2d Page 429]
In the agreement, the parties stipulated that the estate's damages were $95,000. The parties also agreed the court could consider the facts and opinions contained in depositions and previously disclosed reports of the parties and the parties' answers to discovery.
By agreement, the court entered judgment for the Hepners on Vazquez's common law negligence claims. Vazquez was permitted to amend the petition to include claims based on both the implied warranty of habitability and negligent breach of duties imposed by statute and ordinance.
The case was submitted to the court by stipulated facts on January 8, 1996. On April 3, the district court filed its decision. It addressed only the first of the three issues, ruling in favor of the Hepners. The court held that the Hepners were not liable for electrical or wiring defects that they had no knowledge of or reas
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