Seymour v. Heritage Operating LP
Ann Seymour filed a second amended complaint against John and Kathy Fitzsimmons (collectively Fitzsimmons), the John R. Fitzsimmons Trust, and Heritage Operating LP (Heritage). In her second amended complaint, Seymour brought a negligence claim and a wrongful death claim against Heritage based on Heritage's alleged failure to properly inspect several gas appliances in premises Seymour rented from Fitzsimmons. Seymour alleged that Heritage negligently failed to discover that the kitchen stove in the premises was leaking carbon monoxide, and that the carbon monoxide caused her to suffer severe personal injuries and also caused her mother's death.
Court conclude that the trial court properly sustained Heritage's demurrer without leave to amend. In addition, court conclude that the trial court did not abuse its discretion in denying Seymour's motion for reconsideration or in granting Heritage's motion for sanctions. Accordingly, court affirm the judgment and affirm the trial court's order denying Seymour's motion for reconsideration and granting Heritage's motion for sanctions.
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