(DOWNLOAD) "Menuskin v. Williams" by United States Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Menuskin v. Williams
- Author : United States Court of Appeals
- Release Date : January 14, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The Plaintiffs-Appellants in this case purchased property from a development corporation, Don Williams Construction Co., Inc. ("DWCC"), and later discovered that, contrary to the warranty deeds they received, their properties were actually encumbered by a construction lien. The head of the development company, Don Williams, settled his portion of this case and is serving time in jail for his role in the events underlying this action. Based on a variety of state law claims, the appellants are attempting to collect damages from the development company employees, Vicki Cooke, Cathleen N. Miles, and Susan Parker, who allegedly indicated that the property would be free of encumbrances, and from the title company, National Title Insurance Agency ("National Title"), and its attorney, J. P. Sartain, who prepared the warranty deed for the closing on their properties. These claims include: negligent misrepresentation, negligence, gross negligence, fraud, violation of the Tennessee Consumer Protection Act ("TCPA"), Tenn. Code Ann. §Â§ 47-18-101 through § 47-18-121, breach of contract, breach of warranty, civil conspiracy, and negligent and intentional infliction of emotional distress. For the reasons discussed below, we AFFIRM the district courts granting of summary judgment for appellee Cooke on all claims, and for all of the other appellees on the gross negligence, fraud, breach of contract, breach of warranty, civil conspiracy, and negligent and intentional infliction of emotional distress claims. We AFFIRM the grant of summary judgment for appellees National Title and Sartain on the negligence claim, but REVERSE the grant of summary judgment on the negligence claim as it applies to appellees Parker and Miles. We also REVERSE the grant of summary judgment as it applies to all of the appellees, except Cooke, on the negligent misrepresentation and TCPA claims.
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