David T.Sears, et al., v. Charles Gregory, et al. - Dissenting

Case Number
M2002-02771-COA-R3-CV

The narrow question presented by this appeal is whether Tennessee recognizes the tort of negligent misrepresentation by nondisclosure. While the Sears family’s complaint faces a daunting battle on other fronts, I would not extinguish it at this stage of the proceeding by holding as a matter of law that a professional person cannot supply the false information required by Restatement (Second) of Torts § 552 (1977) by silence.

 

Authoring Judge
Presiding Judge William C. Koch, Jr.
Originating Judge
Judge Barbara N. Haynes
Case Name
David T.Sears, et al., v. Charles Gregory, et al. - Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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