The defendant Jade Antonson brought a motion for summary judgment to dismiss a subrogated claim by the plaintiff's insurer.
The insurer alleged that a fire, which destroyed the plaintiff's building occupied by the defendants as tenants, was caused by the negligence of the co-tenant Michael Joubert.
Antonson argued that the plaintiff could not prove Joubert caused the fire or that his actions were negligent.
The plaintiff opposed the motion, asserting that key facts were in dispute, necessitating a trial.
The court dismissed the motion for summary judgment, finding that genuine issues of material fact existed regarding the fire's origin and the condition of an "ashtray" pail, which prevented a fair and just determination on the merits without a full trial.
