Edwin B. Jenkins v. Big City Remodeling
2017 Tenn. LEXIS 191
| Tenn. | 2017Background
- Ewin and Janet Jenkins contracted with Big City Remodeling (general contractor) to build a house; Big City subcontracted hardwood flooring to Henson & Associates, who subcontracted to Julian Luu (Quality Hardwood Floors).
- On October 31, 2012 a fire destroyed the partially completed house; origin was the exterior back deck and the precise cause was undetermined.
- Plaintiffs sued the general contractor and the flooring subcontractors for negligence and sued the general contractor for breach of contract (workmanlike performance), invoking res ipsa loquitur against Big City.
- Experts testified the cause could not be determined and possible causes included arson, discarded cigarettes, electrical issues, or spontaneous combustion of rags; the deck and yard were unfenced and publicly accessible.
- The trial court granted summary judgment for Big City and the subcontractors (holding res ipsa inapplicable, no proof of causation, and plaintiffs first materially breached by failing to obtain builder’s risk insurance). The Court of Appeals partially reversed as to subcontractors and breach; Tennessee Supreme Court granted review.
- The Supreme Court affirmed summary judgment: res ipsa did not apply (no exclusive control by Big City) and plaintiffs failed to prove subcontractors’ negligence was the cause in fact of the fire; breach claim also failed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res ipsa loquitur allows an inference of negligence against Big City | Res ipsa applies because Big City had contractual control of the job site and thus should bear inference of negligence for an unexplained fire | Big City lacked exclusive control of the instrumentality or all reasonably probable causes; site was accessible and others had access | Res ipsa not applicable — plaintiffs failed to show Big City had exclusive control of the cause or all reasonably probable causes |
| Whether flooring subcontractors’ alleged negligent acts caused the fire (cause in fact) | Subcontractors handled flammable substances, used rags, smoked on site, were last to leave — their negligence could have started the fire | Experts could not identify a probable cause; arson and other causes could not be ruled out; deck was publicly accessible | Grant of summary judgment affirmed — plaintiffs failed to prove subcontractors’ negligence was the probable cause in fact |
| Whether Big City breached the construction contract based on subcontractors’ alleged negligence | Big City is liable for breach of implied workmanlike-performance because subcontractors’ negligence caused the loss | Without causation linking subcontractors to the fire, there is no breach; plaintiffs also materially breached by not obtaining builder’s risk insurance (trial court finding) | Breach claim fails because plaintiffs could not prove causation tying subcontractors’ negligence to the fire; summary judgment for Big City affirmed |
Key Cases Cited
- Sweeney v. Erving, 228 U.S. 233 (res ipsa loquitur doctrine and its evidentiary function)
- Seavers v. Methodist Med. Ctr. of Oak Ridge, 9 S.W.3d 86 (Tenn. 1999) (res ipsa principles in Tennessee)
- Provident Life & Accident Ins. Co. v. Prof’l Cleaning Serv., Inc., 396 S.W.2d 351 (Tenn. 1965) (res ipsa in fire case where defendant had exclusive control)
- Kilpatrick v. Bryant, 868 S.W.2d 594 (Tenn. 1993) (cause in fact requires probable cause, not mere possibility)
- King v. Anderson County, 419 S.W.3d 232 (Tenn. 2013) (proof of negligence insufficient without causation)
- Lindsey v. Miami Dev. Corp., 689 S.W.2d 856 (Tenn. 1985) (plaintiff must show defendant's conduct was more likely than not the cause)