Federal Insurance Company a/s/o Robert and Joanie Emerson v. Martin Edward Winters, d/b/a Winters Roofing Company
2011 Tenn. LEXIS 968
| Tenn. | 2011Background
- Emersons contracted with Winters Roofing to install a roof (~$17,832).
- Winters subcontracted the job to Monk, who later subcontracted repair work to Jacobs; Jacobs caused a fire during repairs.
- Winters lacked liability insurance at the time of the fire; he later obtained it but coverage was denied.
- Federal Insurance, subrogor to the Emersons, sued Winters in negligence and contract for the fire damages; the trial court granted summary judgment for Winters; the Court of Appeals reversed, finding a non-delegable implied duty.
- Tennessee Supreme Court affirmed, holding Winters had an implied non-delegable duty to perform the roofing work skillfully and workmanlike, and that delegation to subcontractors did not absolve liability; remanded for trial; costs assessed against Winters.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there an implied duty to perform work in a workmanlike manner under the contract? | Federal asserts an implied duty. | Winters argues no implied duty. | Yes, implied duty exists. |
| Can a subcontractor's breach absolve the principal contractor of liability for breach of the implied duty? | Federal argues non-delegable duty remains despite delegation. | Winters argues delegation bars liability. | No; non-delegable duty remains; contract liability attaches to the contractor regardless of delegation. |
Key Cases Cited
- Bowling v. Jones, 300 S.W.3d 288 (Tenn. Ct. App. 2008) (implied duty to construct/workmanlike duties non-delegable in construction contracts)
- ARC LifeMed, Inc. v. AMC-Tenn., Inc., 183 S.W.3d 1 (Tenn. Ct. App. 2005) (elements of breach of contract and implied duties)
- Aetna Cas. & Sur. Co. v. Gilreath, 625 S.W.2d 269 (Tenn. Ct. App. 1981) (implied duties in contracts for services)
- German v. Ford, 300 S.W.3d 692 (Tenn. Ct. App. 2009) (implied duty and breach concepts in contracts)
- McHarge v. M.M. Newcomer & Co., 100 S.W. 700 (Tenn. 1907) (non-liability of employer for independent contractor generally; limits)
- Capitol Chevrolet Co. v. Lawrence Warehouse Co., 227 F.2d 169 (9th Cir. 1955) (delegation does not discharge liability for contract)