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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Labarbera v. Malec, 540 S.W.3d 903 (2018)

Citation
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Parent Document
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-03-06

Full Text

906 chars
June LaBarbera ("Plaintiff") appeals the trial court's grant of summary judgment in favor of Eleanora G. Pacanowski ("Defendant"). In 2000, Defendant leased a single-family residential property at 5231 Wilson Avenue (the "Property") in the City of St. Louis to Clifford Washburn. In August of 2010 there was a fire at the Property. Washburn and Plaintiff's daughter, Allison Garcia ("Decedent"), who was spending the night there, died. Plaintiff brought a wrongful death suit on behalf of Decedent claiming Defendant was negligent for failing to maintain operable smoke detectors in the Property that resulted in her daughter's death. The trial court granted summary judgment in Defendant's favor, finding Plaintiff could not show Defendant owed any duty to maintain the smoke detectors. We modify the judgment to correct a clerical error and affirm in all other respects. Factual and Procedural Background