Reed Armstrong Associate Obtains Summary Judgment for Third Party Defendant Excavator

Andrews v. Altered Grounds v. Edwards, Madison County Case No. 12-AR-678

The plaintiff filed suit against Altered Grounds, claiming they had improperly landscaped his property and that he was entitled to damages. Altered Grounds filed a third-party complaint for contribution against Calvin Edwards, who had been hired to excavate portions of the property, claiming that he had performed his work improperly. Using a combination of written discovery responses from the plaintiff and Altered Grounds, as well as a sworn affidavit from Mr. Edwards in support, Reed Armstrong Associate Jennifer Wagner, counsel for Mr. Edwards, moved for summary judgment on the third-party complaint, stating that: 1) Altered Grounds admitted it had no communications with Mr. Edwards; 2) Altered Grounds admitted that it did not coordinate its work with that of Mr. Edwards; 3) Mr. Edwards was forced to leave the job site prior to completion of his work due to an equipment breakdown, and when he returned, the area intended for excavation had been landscaped in his absence; and 4) the plaintiff, who served as his own general contractor, had no dispute with Mr. Edwards’ work and did not consider that work to have been performed improperly. The court granted summary judgment in Mr. Edwards’ favor on the third-party complaint.