JOHN C. HOYNACKI ET AL. v. JEROME HOYNACKI - Articles

All Content


Posted by: Landry Butler on Oct 31, 2016

Court: TN Court of Appeals

Attorneys 1:

F. Clinton Little, Eric B. Foust, and Dan Channing Stanley, Knoxville, Tennessee, for the appellants, John C. Hoynacki and Sally A. Hoynacki.

Attorneys 2:

James E. Rasnic, Bristol, Virginia, for the appellee, Jerome Hoynacki.

Judge(s): SUSANO

Plaintiff John C. Hoynacki was helping his father, defendant Jerome Hoynacki, wax defendant's recreational vehicle (RV). He worked on a ladder in reaching the high places on the RV. The ladder fell with plaintiff on it, causing him injury. He brought this negligence action, alleging that defendant breached his duty to exercise reasonable care in securing and stabilizing the ladder. The trial court granted defendant summary judgment, holding that defendant had no legal duty to hold the ladder at the time the plaintiff attempted to “climb down prior to his accident.” We hold that there are genuine issues of material fact regarding whether defendant was negligent under the circumstances. We vacate the trial court's grant of summary judgment and remand for further proceedings.

Attachments: