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E & J Construction Company v. Liberty Building Systems, Inc.

Citation: Not availableDocket: E2009-01403-COA-R3-CV

Court: Court of Appeals of Tennessee; August 27, 2010; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves a legal dispute between a construction company (Plaintiff) and a metal building supplier (Defendant) over a building that experienced significant leaks due to allegedly undersized guttering. After partial summary judgment was granted in favor of Defendant, the case proceeded to trial on remaining claims, resulting in a directed verdict for Defendant. Plaintiff appealed the directed verdict concerning breach of contract, which the appellate court reversed, finding sufficient evidence supporting Plaintiff’s claim based on the express warranty of the gutter system. The appellate court affirmed other aspects of the trial court's judgment, including the dismissal of claims under the Tennessee Consumer Protection Act due to lack of legal support and evidence. The court applied Tennessee's summary judgment and directed verdict standards, emphasizing the need for evidence to be viewed favorably to the non-moving party. The case was remanded for further proceedings on the breach of contract claim, with appellate costs divided equally between the parties.

Legal Issues Addressed

Breach of Contract under Express Warranty

Application: The appellate court found that Plaintiff provided adequate evidence to support a breach of contract claim based on the Defendant’s express warranty, as the building leaked despite proper installation.

Reasoning: The Plaintiff provided adequate evidence to support a breach of contract claim based on the Defendant’s express warranty, as the building leaked despite proper installation.

Directed Verdict Standard and Appellate Review

Application: The appellate court emphasized that evidence must be viewed in favor of the non-moving party, without weighing evidence or assessing witness credibility, when reviewing directed verdicts.

Reasoning: The excerpt also clarifies the standard of review for directed verdicts, emphasizing that appellate courts must view evidence in favor of the non-moving party without weighing evidence or assessing witness credibility.

Implied Warranty of Fitness for a Particular Purpose

Application: The court affirmed the directed verdict for Defendant, as Plaintiff’s expert testified that the gutter was suitable for its intended function.

Reasoning: Concerning the warranty of fitness for a particular purpose, Plaintiff’s expert, Louis Cortina, testified that the gutter met industry guidelines and was suitable for its intended function, stating it was fit for handling specified water volumes.

Negligent and Intentional Misrepresentation under Tennessee Law

Application: Plaintiff failed to provide evidence of a lack of reasonable care in Defendant's assertion about gutter size, leading to the upholding of a directed verdict on these claims.

Reasoning: Regarding negligent and intentional misrepresentation claims, Tennessee’s guidelines, based on Section 552 of the Restatement (Second) of Torts, were referenced.

Summary Judgment Standard under Tennessee Law

Application: The Court applied Tennessee’s summary judgment standard, requiring the absence of genuine issues of material fact and viewing evidence favorably towards the non-moving party.

Reasoning: In reviewing the partial summary judgment, the standard involves examining whether there are genuine issues of material fact and if the moving party is entitled to judgment as a matter of law under Tennessee Rules of Civil Procedure Rule 56.