Tenn. Court Says Tenants Can Proceed with Faulty Construction Claims

NASHVILLE, Tenn. - A Tennessee appellate court has reversed summary judgment awarded to a landlord-builder and reinstated his tenants' lawsuit accusing him of negligence in choosing a site for his rental property and installing its drainage system. Morrow v. Bull, et al., No. E2007-00606-COA-R3-CV (Tenn. Ct. App.).

The Court of Appeals also ruled on Feb. 27 that the plaintiff tenants' testimony on mold growth - without supporting expert opinion - was sufficient to create an issue of fact.

Thomas and Deborah Morrow allege that mold in their rented house caused their son to experience a severe infection that required several …