EWIN B. JENKINS ET AL. v. BIG CITY REMODELING ET AL. - Articles

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Posted by: Chandra Williams on Sep 29, 2015

Head Comment: With concurring and dissenting opinion.

Court: TN Court of Appeals

Attorneys 1:

Arthur G. Seymour, Jr., and Matthew A. Grossman, Knoxville, Tennessee, for the appellants, Ewin B. Jenkins and Janet Jenkins.

Attorneys 2:

Ellis A. Sharp and Justin D. Roddye, Knoxville, Tennessee, for the appellee, Big City Remodeling.

Judge(s): FRIERSON

The plaintiffs filed this action to recover damages they incurred when, during construction, their home was completely destroyed by fire. The plaintiffs sued the project’s general contractor as well as various subcontractors employed by the general contractor. The complaint included allegations of negligence, based in part on the doctrine of res ipsa loquitur, and breach of contract. The trial court granted summary judgment in favor of all defendants. The plaintiffs have appealed. We affirm the trial court’s grant of summary judgment to the general contractor regarding claims based upon the general contractor’s own negligence and res ipsa loquitur, but we reverse the trial court’s grant of summary judgment regarding the negligence of the flooring subcontractors. We also reverse the trial court’s grant of summary judgment in favor of the general contractor regarding the plaintiffs’ breach of contract claim. Finally, we remand the case to the trial court for further proceedings consistent with this opinion.