Kerns, a home owner, sued defendant contractor Sealy for negligence, breach of contract, wantonness, and res ipsa loquitur in connection with a fire that occur red during the contractor's application of foam-installation in the plaintiff 's attic. The contractor knew that applying the foam at a thickness over 2 inches created a risk of fire, and he applied the foam at a thickness exceeding 4 inches. He then left the scene for lunch. When he returned, Sealy discovered a haze indicative of fire and attempted to remove the foam. At trial, the defendant made a motion of summary judgment to dismiss all charges. Which charges, if any, do you think survived summary judgment in district court?

  • CreatedOctober 21, 2015
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