NANCY, ASPER, ADMINSTRATIX OF THE ESTATE OF JONI MARIE ASPER, DECEASED, APPELLANT, V. RONALD HAFFLEY, APPELLEE. Superior Ct. of PA, 1983. 312 Pa.Super. 424, 458 A.2d 1364

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NANCY, ASPER, ADMINSTRATIX OF THE ESTATE OF JONI MARIE ASPER, DECEASED, APPELLANT, V. RONALD HAFFLEY, APPELLEE. Superior Ct. of PA, 1983. 312 Pa.Super. 424, 458 A.2d 1364 Powered By Docstoc
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NANCY, ASPER, ADMINSTRATIX OF THE ESTATE OF JONI MARIE ASPER, DECEASED, APPELLANT, V. RONALD HAFFLEY, APPELLEE. Superior Ct. of PA, 1983. 312 Pa.Super. 424, 458 A.2d 1364. History: Haffley’s motion for summary judgment granted and this appeal followed Facts: Joni Marie Asper died of smoke inhalation in a fire which occurred in the apartment which her father, John, rented from Haffley Front portion was Haffley’s insurance company and back was his residence, until he moved out and decided to start renting it out; Wall which separated office from residence was changed to eliminate two doorways that had connected office and living area; Storm windows, that couldn’t be opened except by breaking window panes, were installed on the inside of the windows in living area Issue(s): Whether landlord could be held liable for tenant’s death. Holding: Order reversed—appellant entitled to present negligence claim at trial for determination by fact-finder, and case remanded for trial consistent w/opinion Analysis: PA Supreme Court adopted implied warranty of habitability in residential leases Landlord was aware of dangerous condition of sealed windows and lack of alternative exit and failed to exercise reasonable care to correct the conditions; those conditions were a violation of implied warranty of habitability