The Tennessee Supreme Court determined there was not sufficient evidence to find a general contractor and two flooring subcontractors negligent for a fire that destroyed a client’s partially completed home five years ago.
The lawsuit stemmed from a house fire in Sevierville, Tenn., on Halloween night in 2012. The homeowners alleged the flooring subcontractors, Henson and Associates Inc. and Quality Hardwood Floors, caused the fire either by the spontaneous combustion of stain rags or improperly discarded cigarette butts. However, fire experts who testified during the case could not provide evidence for either cause, and other possible causes were also under investigation, including arson and faulty electrical wiring.
“The fire that destroyed the plaintiffs’ house was unfortunate and unexplained,” the Supreme Court’s decision, which was only made public on April 5, said.
Elick Combs, owner of Big City Remodeling, told Wood Floor Business that he’s happy to put the court case behind him.
“It feels very good,” he said.
Combs said that around the time of the fire, there were 27 other homes, barns or structures that were set on fire. The fire at his clients’ home started on the outside, the investigation revealed, so he thinks arson may be the reason.
Unfortunately, he says the staff working for Quality Hardwood Floors cast suspicion on themselves: The homeowners claimed in court documents that the staff were witnessed smoking cigarettes repeatedly in the area.
Henson and Associates did not respond to a request for comment before press time.
While the Circuit Court found no negligence on the part of either the general contractor or subcontractors, the Appeals Court did find plausible evidence that the subcontractors were negligent. Ultimately, though, the Supreme Court in September 2016 reaffirmed the Circuit Court’s opinion, and the defendants were cleared of all charges.
