Judgment upheld on appeal where subsequently discovered materials used to backfill retaining wall would not have altered Trial Court’s grant for summary judgment In Lyon Roofing, Inc. v. Griffith, 2023 Tenn. App. LEXIS 232, *7 (Tenn. Ct. App. June 5, 2023), the City of Carmel, Tennessee was granted summary judgment based on an engineering expert’s undisputed opinion that the retaining … Read More
Owners Not Entitled to Statute of Repose Defense
Appellate Reversal of Summary Judgment Highlights Purpose of Construction Statute of Repose In Clayton v. Dixon, 2023 Tenn. App. LEXIS 115 (Tenn. Ct. App. March 23, 2023), a property owner sued adjacent property owners for property damage caused by the installation of an allegedly deficient pipe culvert. Mark Clayton, the owner of residential property, sued his neighbors, Joseph and Faye … Read More
Construction Statute of Repose Applied in Suit Against Contractor for Injuries on Public Sidewalk
Construction Industry Statute of Repose Applies to Improvements Dedicated as Public Property In Garamella v. City of Lebanon, et al., 2022 Tenn. App. LEXIS 24 (Tenn. Ct. App. Jan. 24, 2022), the court rejected a plaintiff’s argument that the 4-year construction industry statute of repose did not apply in favor of the defendant contractor where the improvement had been dedicated … Read More