Meier v. D’Ambose, A-2555-09T1; Appellate Division; opinion by Ashrafi, J.A.D.; decided and approved for publication April 28, 2011. Before Judges Fuentes, Gilroy and Ashrafi. On appeal from the Law Division, Monmouth County, L-2799-08. DDS No. 27-2-1914 [16 pp.]
Plaintiff Theresa Meier, individually and as the representative of the estate of her brother, Ralph Ciccone, appeals from an order dismissing by summary judgment her negligence and wrongful-death complaint. Ralph Ciccone died of smoke inhalation from a fire at the house he was renting from defendant Pasquale D’Ambose. At the time of the fire, the house had the same furnace that was in place when defendant purchased the property. During the intervening eight years, defendant never had the furnace inspected and only arranged for its repair on one occasion.