By The Law Offices of John Day, P.C. on Jan 15, 2024 06:00 am
Where plaintiff set up his own ladders on cardboard at defendant’s home, and defendant had no control over the set-up, summary judgment for defendant was affirmed on plaintiff’s premises liability claim arising from injuries sustained when the ladders slipped. In Fulghum v. Notestine, No. M2022-00420-COA-R3-CV (Tenn. Ct. App. Oct. 31, 2023), plaintiff and defendant were close friends. Plaintiff was a carpenter, defendant was a truck driver who was knowledgeable about car repairs, and plaintiff and defendant would often help each other with projects using their own expertise. Defendant was remodeling his home, and plaintiff was installing shiplap around defendant’s fireplace. On the day of the injury, plaintiff let himself into defendant’s house, set up two of his own ladders, and decided to put cardboard under the ladders to protect defendant’s new floors. Plaintiff set up the two ladders next to each other on the cardboard in an attempt to work more efficiently. Defendant did not assist with or direct the set up. At some point while plaintiff was working, defendant arrived home and briefly chatted with plaintiff. Sometime thereafter, the ladders slipped, causing plaintiff to fall, and plaintiff was seriously injured.
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