Plaintiff's decedent, an employee of Depository, was locked in a vault leased to Depository by New Water. In an apparent attempt to alert others to her presence in the vault and secure her release, she activated a fire suppression system that caused carbon dioxide to fill the vault, suffocating her. Summary judgment dismissing the complaint against New Water was properly denied since the record discloses triable issues as to whether New Water, although an out-of-possession...
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