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Land v. Salvation Army

Order awarding a new trial after jury returned a verdict finding defendant negligent but ruling that its negligence was not a substantial factor in the cause of death of four children affirmed; judgment n.o.v. for either party would not have been appropriate because evidence introduced at trial supported jury's verdicts regarding both negligence and causation.

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� 1 These cross-appeals follow a trial court order awarding a new trial after a jury returned a verdict finding the defendant, The Salvation Army, negligent, but ruling that its negligence was not a substantial factor in the cause of death of four children. We affirm.

� 2 On March 11, 1995, a tragic fire killed four young children in Room 203 of the Red Shield Residence, a shelter owned and operated by The Salvation Army. The children died of smoke inhalation. The children’s mother as well as three older children were also residents of the room but were in the hallway when the fire erupted.

� 3 The Red Shield Residence had a fire alarm system which included smoke detectors in the hallways. The individual residential units were not equipped with smoke detectors. On January 26, 1995, less than two months before the fire, the Philadelphia Department of Licenses and Inspections sent an inspector to the shelter. The inspector advised The Salvation Army personnel that smoke detectors were required in each individual unit under a revision to the fire code, effective January 1, 1995. The code further provided that compliance was to be within two years of the effective date of the code.

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