Earlene Graham claimed that defective electrical wiring, poorly installed electrical outlets, faulty smoke detectors, and, inoperative self-closing doors caused the injuries she sustained in a fire which had started in her apartment.
When Earlene filed suit against the New York City Housing Authority (NYCHA), NYCHA countered that the incident was the result of careless smoking by James Jeter, who had been sleeping on a couch in the unit.
The Bronx County Supreme Court denied NYCHA's motion to dismiss the case, explaining that there were issues of fact that needed to be addressed by a jury.
On appeal, the Appellate Division, First Department, reversed based on a Fire Department investigation which concluded that the fire originated from an accumulation of papers and "numerous ashtrays with copious quantities of butts" in the living room.
While Earlene had filed complaints about the faulty electrical outlets prior to the incident, without any evidence linking the outlets to the fire, those complaints were found to be of little consequence and did not comprise notice to NYCHA of the defective condition.
And, notwithstanding Earlene's allegation that the apartment's self-closing door mechanism did not function, she offered no evidence as to how any purported defect contributed to the fire's origin or caused the injuries suffered.
Because her allegations were perceived to be "speculative," Earlene's case was doused.
Apparently, where there's smoke, there ain't necessarily a viable negligence case.
For a copy of the Appellate Division's decision, please use this link: Graham v. New York City Housing Authority