A delivery of plastic totes containing volatile chemicals preceded a fire that seriously damaged Holcomb Investments’ commercial building. Holcomb sued its tenant, Keith Hardware, and Ace Hardware, alleging negligence and breach of the lease’s indemnification clause. The trial court granted the defendants summary judgment and denied Holcomb’s cross-motion. The Georgia Court of Appeals held that Holcomb’s indemnification argument could not be decided because the trial court had not addressed it, but the negligence claims presented jury questions. Evidence that a delivery worker noticed a strong chemical odor, asked about it, and proceeded without additional precautions supported a possible finding of negligence even though the precise material that ignited was disputed. The court reversed summary judgment for both defendants, vacated denial of Holcomb’s cross-motion, and remanded for consideration of indemnification.