Kristin Holloway v. Group Properties, LLC
W2016-02417-COA-R3-CV
| Tenn. Ct. App. | Aug 24, 2017Background
- Tenant Holloway rented from Group Properties, LLC; about two months after moving in, water leaked from the kitchen ceiling.
- GP owner James Gross inspected but did not locate the leak or call a plumber; tenant continued to observe leaks.
- On Oct. 29, 2014, a light fixture and ceiling collapsed due to accumulated water, injuring Holloway.
- Tenant filed a civil warrant in General Sessions seeking compensatory and punitive damages; trial court awarded $4,940 to Holloway.
- Circuit Court, on de novo review, awarded damages in Holloway's favor and rejected GP’s defenses, including a Lethcoe v. Holden argument.
- Court held GP had notice of the leak and a duty to repair; GP breached by failing to fix, rendering GP liable for injuries.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether URLTA notice affects damages available | Holloway pleaded landlord negligence; URLTA applies. | URLTA notice limits damages and requires choice of remedy. | Notice issues do not bar common-law recovery; damages under URLTA differ but liability stands. |
| Whether Holloway stated a claim under URLTA or common law | Relationship shows duty to repair after notice; sufficient pleadings for either theory. | Urges strict pleading under URLTA and limits on remedies. | Pleading adequate to state claim under either theory; theories may coexist. |
| Whether landlord liability requires prior notice and repair failure | GP had actual notice of a leak and failed to repair, causing injuries. | Lack of constant inspection duty; not insurer of premises. | Under both theories, notice triggered duty to inspect and repair; failure breached duty. |
| Whether Lethcoe v. Holden bars the claim | Lethcoe distinctions prevent its applicability here. | Lethcoe controls landlord liability for dangerous conditions. | Lethcoe distinguished; not controlling given facts; GP liable. |
Key Cases Cited
- Lethcoe v. Holden, 31 S.W.3d 254 (Tenn. Ct. App. 2000) (tenant not barred when landlord knew of leak and failed to repair)
- Jolly Motor Livery Corp. v. Allenberg, 221 S.W.2d 513 (Tenn. 1949) (landlord's duty is ordinary care, not insurer; general negligence standard)