THE ESTATE OF BLAKE B. CUNNINGHAM, BY AND THROUGH BARBARA CUNNINGHAM v. EPSTEIN ENTERPRISES LLC, ET AL. - Articles

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Posted by: Chandra Williams on Jun 30, 2016

Head Comment: With concurring opinion.

Court: TN Court of Appeals

Attorneys 1:

Linda Lynn Walls Holmes, Memphis, Tennessee, for the appellant, Barbara Cunningham.

Attorneys 2:

Lacey L. Adair, Richard Glassman and Whitney Boshers Hayes, Memphis, Tennessee, for the appellees, Epstein Enterprises, LLC, and Louis and William Epstein, LP.

Judge(s): MCBRAYER

In this premises liability case, the plaintiff appeals from the trial court’s grant of summary judgment in favor of the defendants, the manager and owner of an apartment complex. The trial court concluded that the defendants owed no duty to a security guard, who was fatally shot while working at the apartment complex. Although a premises owner generally owes a duty to provide independent contractors with a safe workplace, under the facts of this case, we conclude that the defendants owed no duty to protect the security guard from the criminal acts that resulted in the loss of his life. Therefore, we affirm the grant of summary judgment in favor of the defendants. Additionally, we affirm the award of discretionary costs to the defendants.