Britton v. Wooten
Kentucky Supreme Court
817 S.W.2d 443 (1991)
- Written by Sharon Feldman, JD
Facts
Genoa Britton (plaintiff) owned a building and leased it to L. Wayne Wooten and Wooten’s Grocery Company, Inc. (collectively, Wooten) (defendants). A fire that started in the trash moved up the exterior wall of the building and destroyed the building. Britton brought a negligence action against Wooten, alleging that Wooten’s employees stacked flammable, combustible trash next to the building in violation of fire marshal and state fire-code regulations. An arson investigator from the state police opined that someone had set fire to the paper boxes in or near the dumpsters. Wooten argued that the arsonist’s act in setting the fire was a superseding cause that broke the chain of causation. The trial court granted summary judgment in favor of Wooten based on a provision in the lease and the lack of proximate cause. The court of appeals affirmed. Britton appealed.
Rule of Law
Issue
Holding and Reasoning (Leibson, J.)
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