Batts v. Cracker Barrel Old Country Store, Inc.

Birdsong, Presiding Judge.

This is another trench cave-in case. Plaintiff Batts worked for Master Plumbing Sewer & Drain, Inc., which was hired by Cracker Barrel Old Country Store, Inc. to replace a terra cotta sewer pipe with a PVC pipe. Batts contends the original pipe was installed by Cracker Barrel in an old pond bed, so that the ground around the terra cotta constantly filled with water. Master Plumbing arranged to have the water pumped out. However, Master Plumbing did not shore up the sides of the trench. At least five or six times before Batts’ injury, the walls of the trench caved in…