Where there were facts in dispute about whether a warehouse warned its workers about independent contractors working and using extension cords in the facility, summary judgment in a premises liability case was inappropriate.
In Miranda v. CSC Sugar, LLC, No. W2017-01986-COA-R3-CV (Tenn. Ct. App. July 5, 2018), plaintiff was a construction worker who was working at defendant’s warehouse as a contractor. Plaintiff and his brother were working on scaffolding and using an electric screw gun, which he plugged in with a one-hundred-foot extension cord to an outlet in a different part of the facility. The cord ran across a doorway at the warehouse, and on the third day that plaintiff was working, one of defendant’s employees drove a forklift in reverse across the cord, which entangled the cord and pulled on the scaffolding, causing plaintiff to fall and injure himself.
Plaintiff filed this premises liability suit against defendant, and the trial court granted defendant’s motion for summary judgment. The trial court ruled that defendant “had no duty to warn [plaintiff] of the allegedly dangerous condition which [plaintiff] or his co-employee created and knew about.” The Court of Appeals reversed this ruling.