Monsieur Shawnellias Burgess v. Bradford Hills HOA Et Al.

A homeowner sued his homeowners’ association in general sessions court. Upon motion of the homeowner’s association, the case was removed to circuit court. After the case was removed to circuit court, the homeowner amended his complaint to add an attorney for the homeowner’s association as a defendant. The homeowner’s association and the attorney sought to dismiss the amended complaint. The circuit court granted the motions to dismiss but allowed to the homeowner to file a second amended complaint against the attorney in order to state a claim for negligent misrepresentation. Ultimately, the circuit court granted the attorney a judgment on the pleadings after concluding that the second amended complaint failed to allege facts satisfying all of the elements of a claim for negligent misrepresentation. The homeowner appealed. Discerning that the circuit court erred in granting the homeowner’s association’s motion to dismiss, we vacate that portion of the court’s judgment and remand for further proceedings. We affirm the circuit court’s judgment in all other respects.