Baumgardner & wife v. ACD Tridon North America

Citation: Not availableDocket: 01A01-9806-CV-00307

Court: Court of Appeals of Tennessee; September 23, 1998; Tennessee; State Appellate Court

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William and Susan Baumgardner appeal a summary judgment in favor of ACD Tridon North America, Inc. in a personal injury case stemming from an accident on November 6, 1995, while William Baumgardner, a UPS deliveryman, was picking up packages at Tridon. The plaintiffs allege that Baumgardner's fall, caused by losing control of a self-propelled hand jack on Tridon's ramp, resulted from the defendant's negligence in maintaining a safe ramp and failing to provide proper instructions for the jack's use.

The legal framework for the plaintiffs’ negligence claim rests on the necessity of proving three elements: the defendant owed a duty of care to the plaintiff, breached that duty, and caused injury as a proximate result. Under Tennessee law, landowners are required to maintain their premises safely for invitees and to protect them from known and discoverable dangers. The court affirmed the trial court's judgment, indicating that the plaintiffs did not sufficiently establish these elements of negligence.

The defendant's duty has been established, leading to an examination of whether there is evidence of a breach of that duty. Following a summary judgment in favor of the defendant at the trial court, this appellate court must assess the evidence in the light most favorable to the appellant, referencing precedents that indicate reasonable minds could differ on material facts. If reasonable minds could vary regarding elements such as injury, cause in fact, and proximate cause, the summary judgment is deemed inappropriate, necessitating a remand for trial. The 1986 Supreme Court cases known as the '1986 Trilogy' have been adopted by the Tennessee Supreme Court, emphasizing the burden on the moving party in a summary judgment motion to demonstrate the absence of evidence from the nonmoving party. A mere assertion that no evidence exists is insufficient; the moving party must provide concrete proof of the lack of evidence, which may involve reviewing depositions or other records. 

In this case, the record for summary judgment includes the motion and depositions from plaintiff William Baumgardner and defendant's employee Gary White. While witness credibility is not at issue, Baumgardner’s testimony reveals he lacks evidence of any defects or dangers associated with the ramp in question. Although he acknowledges using the ramp, he cannot define its steepness or whether it poses a danger, ultimately stating, "I don't know" regarding its safety. The plaintiff's inability to substantiate claims of a breach of duty indicates a lack of evidence supporting his assertion that the ramp was unsafe.

The witness confirmed that the ramp was not considered dangerously steep and was primarily flat, made of concrete, with curbs approximately two to three inches high on each side. On the night in question, the ramp's surface was wet due to rain, and there may have been gravel where tow motors had traversed. The witness could not recall any specific cracks or mud on the ramp but noted the presence of rocks at the ramp's end, which led to a graveled parking lot adjacent to a grassy area. 

The truck was parked about fifteen to twenty feet from the ramp, and the witness typically left enough space between the truck and the end of the ramp for the pallet jack. On this rainy night, the witness loaded the first skid of packages onto the truck and left the hand jack in the rain while returning to fetch the second skid. It was noted that it was dark, with limited lighting provided by the warehouse, and the witness did not recall any lights specifically illuminating the ramp area.

The plaintiff confirmed responsibility for loading his own truck and acknowledged the possibility of using a wet ramp previously, though he did not recall specific incidents. On the night of the accident, he did not perceive the ramp as slick and stated that he had never found it slick during previous uses in the rain. He was aware that rain could make a concrete ramp slick but believed the ramp's grooved or rough surface mitigated this risk. The plaintiff could not identify any issues with the ramp that contributed to his fall, asserting it was generally well-maintained aside from occasional gravel. He did not recall gravel on the ramp during the accident.

The testimony indicated a lack of evidence for a breach of duty regarding the ramp's condition or its causal connection to his injuries, undermining his premises liability claim. Additionally, the plaintiff claimed the defendant failed to provide training on the self-propelled hand jack. However, he had experience using the jack for four to five years prior to the accident, and there was no evidence linking the alleged lack of training to the incident.

During the accident, the plaintiff was walking down the ramp with the jack in front of him. He lost control but could not specify the cause, suggesting it might have been due to excessive weight. He confirmed the incident as described in his complaint but could not recall if he released the jack's handle as it happened quickly. When asked if the jack ran over him, he speculated it could have, but was unclear on how that would have occurred given his position. Overall, the testimony did not support his claims of negligence or liability.

The plaintiff, Mr. Baumgardner, confirmed he fell while using a hand jack on a ramp, stating he let go of the handle during the fall but could not explain why the load behaved differently than previous ones. He reported the load was of normal size and believed it was sprinkling at the time of the accident. Baumgardner claimed he had not received official training on the equipment and suggested that ramp maintenance might have contributed to the incident, though he noted nothing specific was wrong with the ramp at that moment. The court highlighted that simply sustaining an injury does not imply negligence, referencing Tennessee law that requires evidence of a breach of duty for a negligence claim. The plaintiff failed to provide such evidence regarding the ramp or the training on the hand jack. Consequently, the court affirmed the trial court's summary judgment in favor of the defendant, Tridon, as the plaintiff did not meet the burden of proof necessary to advance his case.