Lyon Roofing, Inc. et al. v. James H. Griffith, Jr. et al.

This appeal involves the denial of a Tenn. R. Civ. P. 60.02 motion. In the original action,
the trial court granted summary judgment to the City of Mount Carmel, Tennessee (“the
City”), finding that it had negated an essential element of the plaintiff’s claim against it.
In the summary judgment pleadings, the City presented expert evidence concluding that
the retaining wall in question was failing due to lateral earth pressure and not a problem
with the foundation. In that report, the expert stated that the backfill of the retaining wall
was red clay but that regardless of whether the backfill consisted of red clay or crushed
stone, the wall would fail. The plaintiff presented no evidence to rebut this opinion. The
plaintiff filed a Rule 60.02 motion seeking to be relieved of the grant of summary judgment
after discovering that the backfill of the wall was crushed stone and not red clay as stated
in the expert’s report.1 The trial court denied the Rule 60.02 motion upon its determination
that even with a backfill of crushed stone, summary judgment still would have been
granted. Discerning no error, we affirm.