GREG PARKER ET AL. v. HOLIDAY HOSPITALITY FRANCHISING, INCORPORATED ET AL. - Articles

All Content


Posted by: Tanja Trezise on Sep 12, 2014

Court: TN Supreme Court

Attorneys 1:

W. Richard Baker, Knoxville, Tennessee, for the appellants, Greg and Diane Parker.

Attorneys 2:

Brian H. Trammell, Andrew J. Lewis, Knoxville, Tennessee, for the appellee, Shashi Patel, d/b/a S.P. Partnership d/b/a Holiday Inn Express.

James Bryan Moseley, Murfreesboro, Tennessee, for the amicus curiae, James Bryan Moseley.

Judge(s): CLARK

We granted permission to appeal in this premises liability action to address two issues: (1) whether the undisputed facts establish either the accepted work doctrine exception or the nondelegable duty to the public exception to the general rule that property owners are not vicariously liable for the negligence of independent contractors; and (2) whether disputes of material fact remain concerning the property owner’s actual or constructive notice of the defective condition created by the independent contractor’s negligence. We hold that the undisputed facts do not establish either exception to the general rule of non-liability and that the undisputed facts establish that the property owner had neither actual nor constructive notice of the defective condition created by the independent contractor’s negligence. Accordingly, the judgment of the Court of Appeals is affirmed in part and reversed in part. The judgment of the trial court granting the property owner summary judgment is reinstated.

Attachments: