Salvatore v. Cunningham

505 A.2d 102, 305 Md. 421, 1986 Md. LEXIS 189
CourtCourt of Appeals of Maryland
DecidedFebruary 26, 1986
DocketNo. 81
StatusPublished
Cited by2 cases

This text of 505 A.2d 102 (Salvatore v. Cunningham) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salvatore v. Cunningham, 505 A.2d 102, 305 Md. 421, 1986 Md. LEXIS 189 (Md. 1986).

Opinion

SMITH, Judge.

We shall here hold that in a suit based upon lack of smoke detectors at the time of a tragic fire in Garrett County appellants have failed to state a cause of action.

We have here two suits arising out of the same incident with similar pleadings. They were consolidated in the Court of Special Appeals. The Court of Special Appeals, pursuant to Maryland Rule 1015 a, certified to us questions of law:

“1. On January 1, 1982, did Maryland common law recognize an implied warranty of habitability in connection with the rental of a fully equipped ski chalet for a single weekend?
“2. If so, is lack of a smoke detector in the chalet a breach of that warranty
a. as a matter of law, or
b. only if found, as a matter of fact, to render the premises unreasonably unsafe?”

We elected to consider the entire case. Hence, we issued a writ of certiorari prior to decision in the intermediate appellate court. In the view we take of the case the answer is found in Maryland Code (1957, 1981 Cum.Supp.) Art. 38A, § 12A.

Two suits were filed in the Circuit Court for Howard County arising out of a fire on January 1, 1982, at what was known as Seasons Four Chalet in Garrett County. The trial judge granted motions to dismiss in each case without leave to amend pursuant to Rule 2-322.1 The basis was the failure to state a claim upon which relief could be granted.

We have said that in considering the sufficiency of a declaration on demurrer we are required to assume the truth of all material and relevant facts that are well pleaded as well as all inferences which reasonably can be drawn from those well-pleaded facts. Tadjer v. Montgomery County, 300 Md. 539, 542, 479 A.2d 1321, 1322 (1984); [424]*424Schwartz v. Merchant’s Mort. Co., 272 Md. 305, 308, 322 A.2d 544, 546 (1974); Desser v. Woods, 266 Md. 696, 698-99, 296 A.2d 586, 588 (1972). The same would be true of what we now call a motion to dismiss for failure to state a cause of action.

William L. Salvatore, individually and as personal representative of Patricia Ann Salvatore and also as father and sole guardian of Steven Philip Salvatore, and Stephen Derek Coster, personal representative of the estate of Robert Y. Coster, Jr., sued Brian Timothy Cunningham and Lynda Anne Cunningham. The declaration contained two counts; one was a negligence and survival action and the other was for the wrongful death of Patricia Anne Salvatore. Kenneth Walter Cunningham, Jr.; Linda Hughes Cunningham, individually and as mother and next friend of Mandy Hughes Cunningham, a minor child; Mary Ann Pierorazio; John Richard Coster; Edna Alvirta Isennock; Michael Scott Coster; JoAnn Coster, as mother and next friend of Erin Kathleen Coster; and State Auto Mutual Insurance Company also sued Brian Timothy Cunningham and Lynda Anne Cunningham for negligence and wrongful death. The allegations in the latter case are similar to those in the former. Hence, we shall repeat only the facts as set forth in the Salvatore case.

On January 1, 1982, at approximately 11:00 p.m. a fire destroyed Seasons Four Chalet owned by Brian Timothy Cunningham and Lynda Anne Cunningham. The building had been rented to Kenneth Cunningham “and the following people, who shared the chalet and occupied it at the time of the fire: Linda Hughes Cunningham, his wife; Mandy Hughes Cunningham, her daughter; Patricia Ann Salvatore, his sister; William L. Salvatore, his brother-in-law; Robert Y. Coster, Jr., his friend; Mary Ann Pierorazio; John Richard Coster, his friend; and Edna Alvirta Isennock.’’ The chalet had been rented by these people for the New Year’s holiday and, according to the declaration, “was not used by the occupants as a single family dwelling, nor was it used by the occupants as a two or three family [425]*425dwelling.” It was further alleged that Brian Cunningham and his wife “rented said Seasons Four Chalet to the occupants as a temporary accomodation, not intended as a one, two or three family dwelling.” The chalet was advertised as completely furnished and equipped except for linens. It had accommodations capable of sleeping twelve persons in three bedrooms and a loft. Seasonal weekly and weekend rates were set forth in the advertisements. The “advertisements indicate the Seasons Four Chalet was not intended as a one, two or three family dwelling.” The chalet “did in fact sleep twelve persons in three closely grouped bedrooms and a loft____” It contained a common kitchen, bathroom and living facilities for all occupants. It was alleged that it was not intended as a one, two, or three family dwelling.

All of the occupants retired by approximately 10:45 p.m. on the night in question. As indicated, a fire broke out at approximately 11:00 p.m. There was no smoke detector or fire alarm in the chalet. Patricia Ann Salvatore and Robert Y. Coster, Jr., perished as a result of the fire. Others were injured.

It was asserted that Brian Cunningham and his wife “were negligent in that they had a duty, pursuant to Article 38A, Section 12A ... to equip the chalet with a manual fire alarm system, and smoke detectors, but failed to equip the chalet with either device____” It was further alleged that “they had a duty, pursuant to Maryland common law, to take reasonable care to not subject others to an unreasonable risk of harm, and to provide a reasonably safe premises for their tenants, and breached that duty by failing to equip the chalet with a smoke alarm system, fire alarm system, or similar warning system____”

The trial judge (Kane, J.) found “the more persuasive authority supports the conclusion that there is no common law duty to install fire detection devices____” Accordingly, he held “that the common law duty to maintain safe premis[426]*426es for a tenant does not encompass the installation of fire detection devices.”

Art. 38A, § 12A, as in effect at the time of the fire, provided in pertinent part:

“(a) Smoke detector required in sleeping area; light signal for deaf or hearing impaired occupants; compliance by hotels and multifamily buildings. —(1) Each sleeping area within all occupancies classified residential, as defined in Chapter 11 of the National Fire Protection Association Life Safety Code, 1976 Edition, shall be provided with a minimum of one approved smoke detector sensing visible or invisible particles of combustion installed in a manner and location approved by the Fire Prevention Commission. When activated, the detector shall provide an alarm suitable to warn the occupants____
“(b) One, two or three family dwellings. —An occupant of a one, two or three family residential dwelling constructed prior to July 1, 1975 shall by July 1, 1982:
“(1) Equip each occupant’s living unit with a minimum of one approved battery or AC primary electric powered smoke detector; and
“(2) Maintain the smoke detector.”
The trial judge set forth the statute and then observed:

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Bluebook (online)
505 A.2d 102, 305 Md. 421, 1986 Md. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salvatore-v-cunningham-md-1986.