The defendants brought a motion for summary judgment to dismiss the plaintiff's negligence action arising from a fire that originated in the defendants' vacant industrial building and destroyed the plaintiff's adjacent property.
The court granted partial summary judgment, dismissing the claims related to the origin and cause of the fire because the specific cause could not be determined, rendering it an 'accidental fire' under s. 76 of the Fire Protection and Prevention Act.
However, the court dismissed the motion regarding the defendants' alleged negligence in failing to take reasonable precautions to prevent the spread of the fire, finding a genuine issue for trial regarding the applicable standard of care for a vacant industrial property owner.
