Martini v. Post, 178 Wash. App. 153 (2013)

Citation: Martini v. Post, 178 Wash. App. 153 (2013)
Parent Document: Martini v. Post, 178 Wash. App. 153 (2013)
Jurisdiction: Washington (state)
Effective Date: 2013-11-26
Original Source: https://www.courtlistener.com/opinion/4954189/martini-v-post/ ↗

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¶29 In his response to Post’s motion for summary judgment, Martini presented facts, evidence, or declarations demonstrating that (1) the windows in the northeast bedroom had been painted shut, (2) Martini requested that Post repair the windows in the northeast bedroom on several occasions, but Post failed to do so, (3) Martini and Abson’s daughter heard Abson yelling from a back bedroom of the house, (4) Abson became trapped in the northeast bedroom during the fire, (5) Abson died from smoke inhalation, and (6) two other residents who were trapped in the southeast bedroom were able to open a window and survived the fire. Martini, however, failed to allege any facts, either direct or circumstantial, in his summary judgment response that Abson attempted to open a window in the northeast bedroom or that if she had been able to open a window she would have survived.

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