Dutcher v. Owens

647 S.W.2d 948 (1983)

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Nature of the Case

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Facts

Owens (P) rented a condominium unit from Dutcher (D). Due to a fire which started in one of the common areas of the building, P suffered substantial property loss and sued D, as well as the Condominium Association, the developer, and a class of condominium owners. At trial, the jury found the condominium association liable for P's damages. The jury found the following: (1) The fire was proximately caused by the lack of an insulating box behind the light fixture in the exterior wall airspace; (2) The homeowners' association knew of this defect; (3) The homeowners' association alone was negligent in failing to install an insulating box with knowledge of the defect; and (4) The negligence of homeowners' association resulted in damage to the Owens' property in the amount of $69,150.00. The trial court rendered judgment against D in the amount of $1,087.04. The award represents the amount of damages multiplied by D's 1.572% pro rata undivided ownership in the common elements of the Condominium project. The court of appeals reversed in part the judgment of the trial court, holding 'that each unit owner, as a tenant in common with all other unit owners in the common elements, is jointly and severally liable for damage claims arising in the common elements.” This appeal resulted.