COMMERCIAL PAINTING COMPANY, INC. v. THE WEITZ COMPANY, LLC ET AL. - Articles

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Posted by: Brittany Sims on Nov 18, 2014

Court: TN Court of Appeals

Attorneys 1:

Scott A. Frick, Memphis, Tennessee, for the appellant, Commercial Painting Company, Inc.

Attorneys 2:

Jeffrey C. Smith, Memphis, Tennessee, for the appellee, The Weitz Company, LLC.

Holly Streeter-Schaefer, Kansas City, Missouri, admitted Pro Hac Vice, for the appellee, The Weitz Company, LLC.

Judge(s): STAFFORD

In this construction contract dispute, the trial court granted summary judgment in favor of the defendant general contractor as to all of the plaintiff subcontractor’s tort claims. The parties proceeded to trial on the remaining issues and judgment was awarded in favor of the subcontractor. Both parties raise numerous issues on appeal. Because we conclude that the trial court applied an improper standard in granting summary judgment, we vacate the order of summary judgment in favor of the general contractor. In addition, because the subcontractor’s tort claims may alter the remaining issues in this case, we decline to consider the remaining issues raised by the parties. Vacated and remanded.