Bennett v. Trevecca Nazarene University

216 S.W.3d 293, 2007 Tenn. LEXIS 272
CourtTennessee Supreme Court
DecidedMarch 14, 2007
StatusPublished
Cited by27 cases

This text of 216 S.W.3d 293 (Bennett v. Trevecca Nazarene University) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett v. Trevecca Nazarene University, 216 S.W.3d 293, 2007 Tenn. LEXIS 272 (Tenn. 2007).

Opinion

*295 OPINION

CORNELIA A. CLARK, J„

delivered the opinion of the court,

in which WILLIAM M. BARKER, C.J., and JANICE M. HOLDER and GARY R. WADE, JJ., and ADOLPHO A. BIRCH, JR., Sp.J., joined.

We accepted this appeal of a premises liability case to determine whether the “independent contractor rule” adopted in Blair v. Campbell, 924 S.W.2d 75 (Tenn.1996), relieves a premises owner from liability when a premises owner provides an independent contractor inaccurate information germane to the contractor’s work. We hold that a property owner has a duty of reasonable care to provide accurate information to an independent contractor if the owner provides specific information germane to the repair after engaging the contractor. Because material facts remain in dispute between the parties in this case about what information the premises owner provided, the trial court erred when it granted summary judgment to the defendant. We affirm the judgment of the Court of Appeals and remand this case to the trial court for further proceedings consistent with this opinion.

BACKGROUND

Plaintiffs Gary Edwin Bennett and Thomas W. Cantley, both electricians employed by Nashville’s Stones River Electric Company (“Stones River”), were injured in a high-voltage electrical explosion on the premises of defendant Trevecca Nazarene University (“TNU”) while they worked to restore power to parts of the TNU campus.

At about 4:00 a.m. on December 26, 2001, a TNU security officer called TNU’s maintenance supervisor, Michael Yonnotti, to tell him that some campus buildings had lost their electrical power. Between 7:00 a.m. and 7:30 a.m., Yonnotti called a TNU maintenance technician, Bill Adams, to join him on campus in order to diagnose and correct the problem. Yonnotti and Adams soon located the probable cause of the outage, a malfunctioning switchgear in an electrical equipment cabinet located next to a Nashville Electric Service sub-station on campus. To test their theory of the outage, Adams first engaged a disconnect switch in the cabinet to stop the flow of power to the switchgear. Then, using a voltage meter, Adams and Yonnotti began to test each pair of connections on the switchgear’s fuse panel. Upon testing one of the fuses, a spark erupted, causing the voltage meter to fail. The spark and the overloaded voltage meter caused Yonnotti to consult the manufacturer’s rating plate on the switchgear, which, Yonnotti testified in his deposition, stated that at least 600 amperes of electricity ran through the equipment. From his professional experience, Yonnotti knew that “more than 600 volts” were at issue. Realizing that TNU needed professional electricians to diagnose and repair this high voltage problem, Yonnotti telephoned Stones River.

There is considerable variation among the testimony of Yonnotti, Adams, Cantley, and Bennett about whether Yonnotti or Adams informed Stones River or Bennett and Cantley that high voltage was present at the switchgear panel. Yonnotti indicated that when he placed the telephone call he told the Stones River service manager that high voltage was present, but he told neither Bennett nor Cantley that TNU had a high voltage problem.

Q: [Y]ou did not tell the folks from Stones River Electric [Bennett and Cantley] that [the switchgear in need of repair] was high voltage?
A: That’s correct. I didn’t tell them.
Q: And they didn’t ask?
A: They didn’t ask.
[[Image here]]
*296 I didn’t actually mention it to them. I mentioned it to Darrell, the [Stones River] service manager, 1 that it was 600 volts or more. So what he relayed to them, I’m not really sure. What I told Darrell was 600 volts or more.

In his deposition, Adams remembered few details of the conversations before the accident, except that it was primarily Yonnotti who spoke to Bennett before the accident.

Q: Which of these two gentlemen [Bennett and Cantley] did you speak to or maybe you spoke to both of them? Tell me about that interaction.
A: I think [Yonnotti] talked to them more than I did. I just kind of took a back seat to it at that point. I might have said hi or something. I don’t remember that. As far as carrying on a conversation, no.
Q: Did you overhear conversations between [Yonnotti] and either of these two gentlemen?
A: Yes. I heard [Yonnotti] explain what the problem was [to Bennett].... I’m reluctant to say anything at this point because I don’t really, recall too much of the conversation.... I think he talked to [Bennett] about the fuse, about maybe possibly replacing the fuse or whatever, but that’s about all I can remember.

During his testimony about the voltage meter that Adams and Yonnotti initially used to test the switchgear, Adams did corroborate Yonnotti’s assertion that they both knew that TNU faced a high voltage problem:

Q: How big of a spark?
A: Just a small spark but a spark. Enough to back away. [Yonnotti] looked at me and told me, he said, [“] This is out of our hands, [w]e need to get an electrician out here.[”]
[[Image here]]
Q: Was it a big enough spark that it burnt up your meter?
A: Yeah, it had to be. My meter was rated at 600 volts.

In a later response, Adams added:

A: Well, when my volt meter blew, I knew that we were dealing with something more than 600 volts. [When the meter blew is] when I knew definitely. That proved it.

In their depositions, Bennett and Cant-ley offered a very different version of these events. Cantley asserted that he understood that low voltage was present, both because of what Yonnotti or Adams allegedly told him and because of the type of voltage meter Yonnotti and Adams used in their first test:

Q: What did the maintenance man 2 tell you?
[[Image here]]
A: He said it was 480 [volts], and he said he went to try his little meter in there and it blowed [sic] his meter up.
Q: What kind of little meter did he have?
A: I think it might have been a Radio Shack 200 volts.

Bennett testified that the Stones River dispatcher provided him with no information about the voltage. Bennett assumed the voltage to have been 600 or less be *297

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Cite This Page — Counsel Stack

Bluebook (online)
216 S.W.3d 293, 2007 Tenn. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-trevecca-nazarene-university-tenn-2007.