Superior Court Affirms Summary Judgment for Landlord: Lack of Expert Testimony on Fire’s Cause Defeats Negligence Claim

The plaintiff tenants filed negligence claims against the defendant landlord stemming from a fire that occurred in their rented home. The landlord filed a motion for summary judgment, which the trial court granted. The plaintiffs appealed.

In deciding the appeal, the Superior Court of Pennsylvania held that the plaintiffs did not establish a prima facie cause of action for negligence by failing to introduce expert testimony to confirm the cause and origin of the fire. The Superior Court noted that the trial court properly found that the fire report did not provide sufficient evidence to demonstrate cause and origin. The court also noted that the trial court properly held that inadmissible hearsay statements from a responding firefighter could not be used to support the plaintiffs’ negligence claims. The court further noted that a spoliation sanction was not necessary as the record demonstrated that the plaintiffs had an opportunity to conduct a site inspection of the fire-damaged premises before repairs.

Since the plaintiffs failed to adduce evidence in support of a prima facie cause of action for negligence, the Superior Court ruled that summary judgment in the defendant landlord’s favor was warranted. As such, the court affirmed the trial court’s order.