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The victim died of smoke inhalation due to the fire, which investigators later determined was caused by a worn-out flue connector on the furnace. The question at trial was whether the landlord failed in his duty to his tenant and allowed the fire to occur by not maintaining the furnace. The trial court dismissed the plaintiff's case last year, agreeing with the landlord that he had fulfilled his duty to the victim by having the furnace inspected prior to his moving in and by having it fixed after the victim said it was not giving off heat.

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