By The Law Offices of John Day, P.C. on Dec 18, 2024 05:29 am
Where the decedent was an independent contractor who died when a lifting mechanism in the factory failed, there were questions of fact regarding whether the defendant company owed a duty to the decedent, so summary judgment for the defendant company was reversed. In Lowe v. Bridgestone Americas Tire Operations, LLC, No. M2023-01774-COA-R3-CV (Tenn. Ct. App. Nov. 21, 2024), the decedent was employed by Cumberland Machine Company and worked as a millwright. Cumberland and the defendant were separate entities, but Cumberland had a space inside the defendant’s plant, which is where the decedent worked. The decedent’s job included clearing clogged vent holes in 2,000+ pound tire molds. While flipping a mold pursuant to the defendant’s process, the mold fell onto the decedent, seriously injuring him. The decedent later died of his injuries. The decedent’s wife filed this premises liability/wrongful death case against the defendant. The defendant filed a motion for summary judgment, asserting that it owed no duty to the decedent and that the plaintiff’s exclusive remedy was workers’ compensation. While the trial court denied summary judgment based on the workers’ compensation argument, it agreed that the defendant owed no duty to the decedent. On appeal, summary judgment based on the lack of duty was reversed.
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