BRANDON W. MARTIN AND AMY MARTIN v. W. B. MELTON AND PEGGY MELTON - Articles

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Posted by: Stacey Shrader Joslin on Nov 26, 2013

Court: TN Court of Appeals

Attorneys 1:

Michael S. Pemberton, Knoxville, Tennessee, for the appellants, Brandon W. Martin and Amy Martin.

Attorneys 2:

Daniel H. Rader, III, Walter S. Fitzpatrick, III, Cookeville, Tennessee, for the appellees, W. B. Melton and Peggy Melton.

Judge(s): COTTRELL

An apprentice lineman agreed to help a neighbor by climbing a utility pole on the neighbor’s land and disconnecting an electrical wire at the top. After he disconnected the wire, the pole fell over, causing the lineman himself to fall and to suffer severe injuries. He filed a negligence complaint, alleging that the neighbor had not set the pole deeply enough into the ground, thereby rendering it unreasonably dangerous. The trial court granted summary judgment to the defendant, holding that because of the plaintiff’s expertise in electrical matters, it was his duty alone to make sure the pole was safe before climbing it. We reverse.

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