Greg Parker v. Holiday Hospitality Franchising, Incorporated
2014 Tenn. App. LEXIS 565
| Tenn. | 2014Background
- Parkers, guests at Holiday Inn Express in Harriman, sued owner Shashi Patel and entities for injuries when a shower bench collapsed in Room 229 on May 13, 2010.
- Maintenance tightened the bench after Parkers reported it loose; subsequent checks showed the bench was flush and appeared secure before collapse.
- Defect traced to improper blocking by independent contractor D & S Builders; the defect was concealed behind sheetrock and undiscoverable by normal inspection.
- Patel, who had possession through D & S Builders since 2006, did not personally inspect the shower bench during construction and had no prior complaints about the benches.
- Trial court granted summary judgment for Patel, ruling owners are generally not liable for independent contractors’ negligence absent notice or duty to inspect.
- Court of Appeals agreed that no exception applied and held disputes of material fact remained on notice; the Supreme Court granted review to resolve these standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accepted work doctrine applicability | Parkers contend Patel’s acceptance of work in 2006 invoked liability for contractor negligence. | Patel argues Johnson abandoned the accepted work doctrine and no longer imposes vicarious liability. | Not applicable; accepted work doctrine abandoned in Tennessee. |
| Nondelegable duty to the public | Parkers rely on McHarge to impose a nondelegable public duty on Patel for safe installation. | Patel did not owe a public duty; he merely hired a contractor to construct the hotel. | Not applicable; no nondelegable duty to the public established. |
| Actual or constructive notice of the defect | Parkers contend Patel knew or should have known of the defective installation and thus had notice. | Patel had neither actual nor constructive notice; defect concealed and inspections failed to reveal it. | Patel had neither actual nor constructive notice; no premises liability breach established. |
Key Cases Cited
- McHarge v. M.M. Newcomer & Co., 100 S.W. 700 (Tenn. 1907) (recognizes general rule and exceptions to non-liability for contractor negligence)
- Johnson v. Oman Const. Co., 519 S.W.2d 782 (Tenn. 1975) (abandoned accepted work doctrine; separates contractor fault from owner liability)
- Pulaski Hous. Auth. v. Smith, 282 S.W.2d 213 (Tenn. Ct. App. 1955) (defined accepted work doctrine before it was abandoned)
- Blair v. West Town Mall, 130 S.W.3d 761 (Tenn. 2004) (premises-liability duty to reasonably protect patrons from dangerous conditions)
- Paradiso v. Kroger Co., 499 S.W.2d 78 (Tenn. Ct. App. 1973) (supports distinction between lack of notice and latent concealed defects)