PIERCE, Justice, for the Court:
¶ 1. On July 7, 2006, a fire occurred at the apartment building rented by Paul Booker Whittington, Jr., and Westbrook Cooper (Plaintiffs). Whittington died from injuries he sustained in the fire, while Cooper was injured but survived. The building was owned by William Lipscomb, and it was located on the same property as Lipscomb's residence. Plaintiffs sued Lipscomb in tort and amended their complaint to seek declaratory judgment...
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