§27.1 Liability of Employer for Negligence of Contractor
1. Oliver v. Prologis Trust, 2006 WL 3731211 (Tenn. Ct. App., Dec. 19, 2006).
The Court's Summary:
"In this premises liability case, the minor plaintiff received a severe foot injury while assisting an independent contractor straighten concrete poles with a forklift on defendant premises owner’s property. The plaintiff’s father sued the independent contractor and the premises owner on his minor son’s behalf, alleging negligence and workers’ compensation liability. The trial court tried the workers’ compensation claim first and entered a judgment for the plaintiff. The Special Workers’ Compensation Panel of the Tennessee Supreme Court reversed as to the premises owner, finding that the premises owner was not the statutory employer of the plaintiff. The case returned to the trial court for trial of the negligence claim. The plaintiff voluntarily dismissed the independent contractor from the action, leaving the premises owner as the only defendant. The trial court granted summary judgment in favor of the premises owner, finding that the premises owner owed no duty to prevent the independent contractor from hiring the plaintiff, and finding that the facts of the case did not fall into any exception to the general rule that a premises owner is not liable for the negligence of its independent contractor. The plaintiff filed a notice of appeal, alleging that the trial court improperly granted summary judgment. We affirm." View opinion.
2. Quimby [Allen] v. Sulcer, 2007 WL 2428085 (Tenn. Ct. App. Aug. 27, 2007).
The Court's Summary:
" This is a negligence action. A landlord instructed his tenant to prune large limbs from a tree on the rental property with a chainsaw. The tenant’s eighteen year old daughter was assisting by clearing the limb debris and sustained severe internal injuries from a falling limb. The daughter instituted this negligence action against the landlord, relying on theories of the landlord’s negligence and vicarious liability. The trial court granted summary judgment for the defendant landlord. Finding that the defendant did not carry his burden on the issue of the duty to select a competent contractor, we reverse and remand." View opinion.
The Court's Summary:
"In this premises liability case, the minor plaintiff received a severe foot injury while assisting an independent contractor straighten concrete poles with a forklift on defendant premises owner’s property. The plaintiff’s father sued the independent contractor and the premises owner on his minor son’s behalf, alleging negligence and workers’ compensation liability. The trial court tried the workers’ compensation claim first and entered a judgment for the plaintiff. The Special Workers’ Compensation Panel of the Tennessee Supreme Court reversed as to the premises owner, finding that the premises owner was not the statutory employer of the plaintiff. The case returned to the trial court for trial of the negligence claim. The plaintiff voluntarily dismissed the independent contractor from the action, leaving the premises owner as the only defendant. The trial court granted summary judgment in favor of the premises owner, finding that the premises owner owed no duty to prevent the independent contractor from hiring the plaintiff, and finding that the facts of the case did not fall into any exception to the general rule that a premises owner is not liable for the negligence of its independent contractor. The plaintiff filed a notice of appeal, alleging that the trial court improperly granted summary judgment. We affirm." View opinion.
2. Quimby [Allen] v. Sulcer, 2007 WL 2428085 (Tenn. Ct. App. Aug. 27, 2007).
The Court's Summary:
" This is a negligence action. A landlord instructed his tenant to prune large limbs from a tree on the rental property with a chainsaw. The tenant’s eighteen year old daughter was assisting by clearing the limb debris and sustained severe internal injuries from a falling limb. The daughter instituted this negligence action against the landlord, relying on theories of the landlord’s negligence and vicarious liability. The trial court granted summary judgment for the defendant landlord. Finding that the defendant did not carry his burden on the issue of the duty to select a competent contractor, we reverse and remand." View opinion.