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This section contains the nature of the case and procedural background.

Dorothy Gross (D) was the owner of a vacant building. A fire started in combustible trash and debris which had been allowed to accumulate on the premises. The fire spread across a narrow street and damaged the premises owned by Joseph A. Tartaglia (D) and occupied for business purposes by JATCO, Inc. (D). The fire burned for more than eight hours before being extinguished. Thorne Equipment (D) was engaged to demolish a six-story elevator shaft on Tartaglia's land. It had been damaged by the fire. During the demolition, a portion of the elevator shaft fell upon, and damaged buildings and vehicles owned P. P sued Ds. P alleged that Gross (P) had been negligent by allowing combustible trash and debris to accumulate on her property and in otherwise failing to exercise care to prevent the occurrence of a fire. Gross (P) demurred, and it was sustained. P appealed the dismissal of its claim against Gross (P).

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