By The Law Offices of John Day, P.C. on Oct 16, 2024 06:26 am
A premises liability plaintiff who had no evidence that defendant construction company controlled the area where she fell did not survive summary judgment. In Brooks v. Whaley Construction, LLC, No. E2023-00711-COA-R3-CV (Tenn. Ct. App. Sept. 23, 2024), plaintiff walked in a grass median after having car trouble. While walking, he tripped on a signpost that had been cut down to one foot, injuring himself. Defendant construction company was working on a project in the area and had a portion of the median blocked off with a silt fence. The signpost was outside the silt fence. Plaintiff filed this premises liability suit, and defendant filed a motion for summary judgment. Defendant presented a declaration from its superintendent stating that the only area at the site that was within defendant’s control was the area within the silt fence, and that defendant’s project did not involve creation or removal of the signpost. Plaintiff responded to the summary judgment by filing his own declaration stating that there appeared to be construction in the area outside the silt fence. He also relied on certain documents, but those documents had not been made part of the record. At oral argument, plaintiff conceded that the relevant documents were not part of the record, and plaintiff did not have them on the day of the hearing. The trial court granted defendant summary judgment, and the Court of Appeals affirmed.
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