In Hoynacki v. Hoynacki, No. E2015-02084-COA-R3-CV (Tenn. Ct. App. Oct. 31, 2016), the Court of Appeals overturned summary judgment in a case about whether a dad had a duty to hold or stabilize a ladder for his son.
Defendant father owned an RV, and while he was camping in North Carolina near where his son lived, he called his son and asked him to help wax the RV. The two spent Saturday and Sunday waxing the RV. “When the RV’s height required the use of a ladder, plaintiff got on it to wax the top parts, and defendant stayed on the ground to stabilize and secure the ladder.” On their second day of work, plaintiff was on the ladder waxing the front part of the RV above the windshield. The ground where the ladder was sitting sloped away from the RV such that one side of the ladder was lower than the other. Defendant placed the ladder in this position, and then walked to the other side of the RV while plaintiff was working. When plaintiff began to come down the ladder, the ladder fell and plaintiff was seriously injured.