By The Law Offices of John Day, P.C. on Feb 15, 2024 06:00 am
Where plaintiff was an employee of the company that leased a building, and she brought a negligence and negligence per se claim against the owner of the building after she fell off a staircase that allegedly was not up to code, summary judgment for the building owner was affirmed; plaintiff, plaintiff’s employer, and defendant landlord had co-extensive knowledge of the allegedly dangerous condition. In Lewis v. Fletcher, No. W2022-00939-COA-R3-CV (Tenn. Ct. App. Nov. 29, 2023), plaintiff was going down a set of stairs at the entrance of the building leased by her employer when she fell off the stairs and was injured. The stairs had a handrail on only one side. Plaintiff filed a complaint asserting negligence and negligence per se against the building owners, who were not the original builders of the property. The trial court granted summary judgment to defendant building owners “based on the rule of non-liability of a landlord to its tenant or third parties when the landlord and tenant have coextensive knowledge of the condition of the property[.]” (internal citation omitted). On appeal, summary judgment was affirmed.
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