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Tenn Tom Building v. Olen2/25/2005
l by a guest charging that the hotel was not reasonably safe with regard to the fire resistance and a dangerous unenclosed stairwell, matters relating to allegation of an actionable breach occurring after the fire had started. As previously noted, the alleged actionable breach in this proceeding took place before the fire was set. Consequently, the insignificance of the cause of the fire as found in Addis v. Steele and Mozer v. Semenza does not apply to this proceeding.
Returning to Hail v. Regency Terrace Owners Association, the plaintiff in that case, Hail, was the administrator of the estate of a deceased condominium resident. The estate sued the condominium owners' association alleging wrongful death, claiming that, after a fire started by an arsonist, the elevator in the condominium building malfunctioned, causing it to open on a floor where smoke been detected, leading to Mr. Hail's suffocation. This Court, focusing on several prior acts of arson, the association's identification of two primary suspects, and the fact that the association had taken steps to protect residents from future fires, concluded that a jury question had been presented as to the issue of the foreseeability of the act of arson. Because the focus of the plaintiff's claim of wrongdoing related to the malfunctioning of the elevator, which occurred after the fire, perhaps the reversal of the trial court's judgment in Hail could also have been grounded upon the insignificance of causation of the fire, employing the rationale of Addis v. Steele and Mozer v. Semenza. Of course, that is a question we need not decide today.
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