Day on Torts

Summary judgment for a landlord in a premises liability suit was reversed where the landlord had not installed a stair rail (also known as a handrail) up to code.

In Franz v. Funes, No. E2023-01256-COA-R3-CV (Tenn. Ct. App. Sept. 30, 2024), plaintiff leased a residential property from defendant, who owned and built the property. The townhouse had stairs connecting the first and second floor, but the stairs only had a handrail on the bottom portion and “lacked a code-compliant handrail going the length of the stairs.” When going down the stairs one morning, plaintiff fell and injured himself.

Plaintiff filed this premises liability case asserting claims for negligence and negligence per se. The defendant landlord moved for summary judgment, which the trial court granted, relying heavily on the finding that the dangerous condition was open and obvious and that defendant thus had no duty. The trial court also found that summary judgment was appropriate based on plaintiff’s comparative fault. On appeal, summary judgment was reversed.

A premises liability plaintiff who had no evidence that defendant construction company controlled the area where she fell did not survive summary judgment.

In Brooks v. Whaley Construction, LLC, No. E2023-00711-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff walked in a grass median after having car trouble. While walking, he tripped on a signpost that had been cut down to one foot, injuring himself. Defendant construction company was working on a project in the area and had a portion of the median blocked off with a silt fence. The signpost was outside the silt fence.

Plaintiff filed this premises liability suit, and defendant filed a motion for summary judgment. Defendant presented a declaration from its superintendent stating that the only area at the site that was within defendant’s control was the area within the silt fence, and that defendant’s project did not involve creation or removal of the signpost. Plaintiff responded to the summary judgment by filing his own declaration stating that there appeared to be construction in the area outside the silt fence. He also relied on certain documents, but those documents had not been made part of the record. At oral argument, plaintiff conceded that the relevant documents were not part of the record, and plaintiff did not have them on the day of the hearing. The trial court granted defendant summary judgment, and the Court of Appeals affirmed.