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Bennett v. Trevecca Nazarene University10/7/2005
Defendant, Trevecca Nazarene University (TNU), experienced partial power failure at approximately 10:00 a.m. on December 26, 2001. TNU campus administrator, Michael Yonnotti (Yonnotti), and TNU maintenance supervisor, Bill Adams (Adams), discovered that multiple buildings on the campus were without power or had power at reduced levels. Attempting to assess the outage themselves, Yonnotti conducted a continuity check on the fuses with Adams' voltmeter, thereby, damaging the voltmeter. Realizing that repair of the power outage was beyond their expertise, Yonnotti called Stones River Electric Company (Stones River). TNU alleged that Yonnotti told Stones River that he thought that the partial power failure was due to a blown 600 volt fuse in a three-phase switchgear cabinet.
Plaintiffs, Gary Bennett (Bennett) and Thomas Cantley (Cantley), were employed by Stones River as electricians. Both electricians were only qualified and trained to work on low voltage equipment, which according to industry standards, means 600 volts or less. Stones River sent Plaintiffs to the TNU campus to locate and repair the problem, where they were met by Yonnotti and Adams. Plaintiffs claim that upon arrival and in response to their inquiry, Yonnotti advised them that the switchgear operated at low voltage. It was disputed by the parties whether the switchgear cabinet containing the equipment had a warning sign that the equipment contained high voltage and it was further disputed by the parties whether the manufacturer's product identification plate had been painted over by TNU.
Plaintiffs confirmed that the disconnect switch was in the disconnect position and thereafter, Bennett decided to apply his standard 600 volt maximum voltmeter to each of the three phase fuses. Cantley aided Bennett in operating the voltmeter. There was no current in the first fuse tested. However, when testing the second fuse, Plaintiffs were hit by a high voltage current operating at an unexpected 4160 volts, causing the fuse to explode in a ball of fire, which caused severe burns to both Cantley and Bennett. It was subsequently discovered that even though the disconnect switch was in an open position, one or more of the arc blades were stuck in a closed position, which Plaintiffs claim was the result of TNU's negligent failure to periodically inspect and maintain its electrical equipment.
On December 20, 2002 Bennett filed a Complaint against TNU in the Circuit Court of Davidson County, Tennessee. On December 23, 2002, Cantley filed an almost identical Complaint. Plaintiffs alleged that based upon TNU's negligent representation of the involved fuse being low voltage, Stones River sent Bennett and Cantley, both of whom were low voltage electricians, to the TNU campus to locate and repair the problem. Plaintiffs claimed that Defendant was liable for negligent misrepresentation causing their injuries. TNU filed its Answer on April 15, 2003. On May 13, 2002, the cases were ordered consolidated by the trial court as having common questions of law and of fact pursuant to Rule 42.01 of the Tennessee Rules of Civil Procedure.
On March 1, 2004, TNU filed a Motion for Summary Judgment, a Statement of Undisputed Facts, and a Memorandum in Support thereof. TNU also filed the depositions of Bennett, Cantley, Yonnotti, and Adams. TNU asserted that it had no duty to Bennett or Cantley, alleging that Plaintiffs were independent contractors. TNU further claimed that because Plaintiffs were injured while making the specific repairs which TNU had contracted with their employer to perform, the independent contractor rule served as a complete bar to recovery. Plaintiffs filed their Response to Defendant's Motion for Summary Judgm
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