negligent misrepresentation claim (Ohio) · Go Syfert
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negligent misrepresentation claim in Ohio

14 Ohio opinions name it 2 courts 1995–2026 6 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Federated Management Co. v. Coopers & Lybrandgreen
ohioctapp · 2000 · cited in 2 Ohio opinions naming this issue, 2017–2022
2 sentences

2017Co. v. Coopers & Lybrand , 137 Ohio App.3d 366 , 395, 738 N.E.2d 842 (10th Dist. 2000), citing Delman v. Cleveland Heights , 41 Ohio St.3d 1 , 534 N.E.2d 835 (1989). {¶ 31} Specifically, as to the negligent misrepresentation claim, the Court of Claims determined Dean Gaspar had no pecuniary interest in his alleged interaction with appellant regarding the accreditation process and that appellant could not have justifiably relied on any promise by Dean Gaspar.

2017Co. v. Coopers & Lybrand , 137 Ohio App.3d 366 , 395, 738 N.E.2d 842 (10th Dist. 2000), citing Delman v. Cleveland Heights , 41 Ohio St.3d 1 , 534 N.E.2d 835 (1989). {¶ 31} Specifically, as to the negligent misrepresentation claim, the Court of Claims determined Dean Gaspar had no pecuniary interest in his alleged interaction with appellant regarding the accreditation process and that appellant could not have justifiably relied on any promise by Dean Gaspar.

22
Hamilton v. Sysco Food Services of Cleveland, Inc.green
ohioctapp · 2006 · cited in 1 Ohio opinions naming this issue, 2022–2022
2 sentences

2022Thus, “the elements of a negligent misrepresentation claim ‘require (1) a defendant who is in the business of supplying information; and (2) a plaintiff who sought guidance with respect to his business transactions from the defendant.’” Hamilton v. SYSCO Food Servs. of Cleveland, 170 Ohio App.3d 203 , 2006-Ohio- 6419, 866 N.E.2d 559, ¶ 20 (8th Dist.), quoting Nichols v. Ryder Truck Rental, Inc., 8th Dist.

2022Thus, “the elements of a negligent misrepresentation claim ‘require (1) a defendant who is in the business of supplying information; and (2) a plaintiff who sought guidance with respect to his business transactions from the defendant.’” Hamilton v. SYSCO Food Servs. of Cleveland, 170 Ohio App.3d 203 , 2006-Ohio- 6419, 866 N.E.2d 559, ¶ 20 (8th Dist.), quoting Nichols v. Ryder Truck Rental, Inc., 8th Dist.

11
Lepera v. Fusongreen
ohioctapp · 1992 · cited in 1 Ohio opinions naming this issue, 2022–2022
1 sentence

2022No. 09AP-597, 2010-Ohio-1820 , ¶ 21, citing Lepera v. Fuson, 83 Ohio App.3d 17, 26 (1st Dist.1992).

11
Davis v. Montenerygreen
ohioctapp · 2007 · cited in 1 Ohio opinions naming this issue, 2016–2016
2 sentences

2016Davis v. Montenery, 173 Ohio App.3d 740, 752 , 2007-Ohio-6221 , 880 N.E.2d 488, 497, ¶ 58 (7th Dist.). {¶62} At trial and on appeal Evergreen seems to advance an estoppel argument as opposed to a negligent misrepresentation claim.

2016Davis v. Montenery, 173 Ohio App.3d 740, 752 , 2007-Ohio-6221 , 880 N.E.2d 488, 497, ¶ 58 (7th Dist.). {¶62} At trial and on appeal Evergreen seems to advance an estoppel argument as opposed to a negligent misrepresentation claim.

11
Gutter v. Dow Jones, Inc.green
ohio · 1986 · cited in 1 Ohio opinions naming this issue, 1998–1998
2 sentences

1998See, also, Gutter v. Dow Jones, Inc. (1986), 22 Ohio St.3d 286, 288-289 , 490 N.E.2d 898, 900 ; Haddon View Invest.

1998See, also, Gutter v. Dow Jones, Inc. (1986), 22 Ohio St.3d 286, 288-289 , 490 N.E.2d 898, 900 ; Haddon View Invest.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Delman v. City of Cleveland Heights green
ohio · 1989
2 sentences

2017Co. v. Coopers & Lybrand , 137 Ohio App.3d 366 , 395, 738 N.E.2d 842 (10th Dist. 2000), citing Delman v. Cleveland Heights , 41 Ohio St.3d 1 , 534 N.E.2d 835 (1989). {¶ 31} Specifically, as to the negligent misrepresentation claim, the Court of Claims determined Dean Gaspar had no pecuniary interest in his alleged interaction with appellant regarding the accreditation process and that appellant could not have justifiably relied on any promise by Dean Gaspar.

2017Co. v. Coopers & Lybrand , 137 Ohio App.3d 366 , 395, 738 N.E.2d 842 (10th Dist. 2000), citing Delman v. Cleveland Heights , 41 Ohio St.3d 1 , 534 N.E.2d 835 (1989). {¶ 31} Specifically, as to the negligent misrepresentation claim, the Court of Claims determined Dean Gaspar had no pecuniary interest in his alleged interaction with appellant regarding the accreditation process and that appellant could not have justifiably relied on any promise by Dean Gaspar.

22002–2017
Ed Schory & Sons, Inc. v. Francis green
ohio · 1996
2 sentences

2000The court seems to have noticed the mistake when, in Ed Schory & Sons, Inc., supra, 75 Ohio St.3d at 440 , 662 N.E.2d at 1080, it applied Cochran to determine that a negligent misrepresentation claim, which merely alleged that a prior statement or agreement is different from that which is contained in the written contract, does not suffice to overcome the parol evidence rule.

2000The court seems to have noticed the mistake when, in Ed Schory & Sons, Inc., supra, 75 Ohio St.3d at 440 , 662 N.E.2d at 1080, it applied Cochran to determine that a negligent misrepresentation claim, which merely alleged that a prior statement or agreement is different from that which is contained in the written contract, does not suffice to overcome the parol evidence rule.

22000–2000
Moffitt v. Auberle green
ohioctapp · 2006
1 sentence

2026Notably absent from the list of “essential” elements is any strict requirement that a plaintiff must be guided in his “business transactions” by the defendant in order to succeed on a negligent misrepresentation claim. 21. {¶ 60} Likewise, in Moffitt, 2006-Ohio-3064 (6th Dist.), this court has previously interpreted the “business transactions” component of negligent misrepresentation with considerable breadth when we held that a negligence claim based on allegedly false representations by a doctor’s office—specifically, that it would notify the plaintiff’s employer that the plaintiff was medic

12026–2026
Haddon View Investment Co. v. Coopers green
ohio · 1982
2 sentences

2023Co. v. Coopers & Lybrand, 70 Ohio St.2d 154, 156 , 436 N.E.2d 212 (1982). {¶34} Even if Hull could sustain a negligent-misinformation claim, he failed to allege a negligent-misrepresentation claim.

2023Co. v. Coopers & Lybrand, 70 Ohio St.2d 154, 156 , 436 N.E.2d 212 (1982). {¶34} Even if Hull could sustain a negligent-misinformation claim, he failed to allege a negligent-misrepresentation claim.

12023–2023
Brothers v. Morrone-O'keefe Dev. Co., Unpublished Decision (3-9-2006) green
ohioctapp · 2006
1 sentence

2022Franklin No. 05AP-161, 2006-Ohio-1160 , the Tenth District considered whether the trial court had improperly applied a higher burden of proof than the law required for a negligent- misrepresentation claim.

12022–2022
Martin v. Ohio State University Foundation green
ohioctapp · 2000
2 sentences

2022Found., 139 Ohio App.3d 89, 104 , 742 N.E.2d 1198 (10th Dist.2000). {¶50} Because a negligent misrepresentation claim lies in negligence, it is therefore within the purview of R.C.

2022Found., 139 Ohio App.3d 89, 104 , 742 N.E.2d 1198 (10th Dist.2000). {¶50} Because a negligent misrepresentation claim lies in negligence, it is therefore within the purview of R.C.

12022–2022
J.A. Industries, Inc. v. All American Plastics, Inc. green
ohioctapp · 1999
2 sentences

2009Plastics, Inc. (1999), 133 Ohio App.3d 76, 89 , 726 N.E.2d 1066 (applying the UCC parol evidence rule to a negligent-misrepresentation claim).

2009Plastics, Inc. (1999), 133 Ohio App.3d 76, 89 , 726 N.E.2d 1066 (applying the UCC parol evidence rule to a negligent-misrepresentation claim).

12009–2009
Decapua v. Lambacher green
ohioctapp · 1995
2 sentences

1998The doctrine of negligent misrepresentation “imposes liability on a professional who has negligently supplied information for the guidance of others in their business transactions, where the recipient of the information, a foreseeable person, justifiably relies upon it.” DeCapua v. Lambacher (1995), 105 Ohio App.3d 203, 206 , 663 N.E.2d 972, 974 .

1998The doctrine of negligent misrepresentation “imposes liability on a professional who has negligently supplied information for the guidance of others in their business transactions, where the recipient of the information, a foreseeable person, justifiably relies upon it.” DeCapua v. Lambacher (1995), 105 Ohio App.3d 203, 206 , 663 N.E.2d 972, 974 .

11998–1998
Tamarkin Co. v. Wheeler green
ohioctapp · 1992
2 sentences

1995Util. *206 Comm. (1992), 64 Ohio St.3d 145, 147 , 593 N.E.2d 286, 287 ; Tamarkin Co. v. Wheeler (1992), 81 Ohio App.3d 232, 234 , 610 N.E.2d 1042, 1043 . 3 Restatement of the Law 2d, Torts (1977) 126-127, Section 552, which describes the doctrine of negligent misrepresentation, does provide, under limited circumstances, a tort vehicle for the recovery of pecuniary damages that result from breach of a contractual duty.

1995Util. *206 Comm. (1992), 64 Ohio St.3d 145, 147 , 593 N.E.2d 286, 287 ; Tamarkin Co. v. Wheeler (1992), 81 Ohio App.3d 232, 234 , 610 N.E.2d 1042, 1043 . 3 Restatement of the Law 2d, Torts (1977) 126-127, Section 552, which describes the doctrine of negligent misrepresentation, does provide, under limited circumstances, a tort vehicle for the recovery of pecuniary damages that result from breach of a contractual duty.

11995–1995
Ohio Bell Telephone Co. v. Public Utilities Commission green
ohio · 1992
2 sentences

1995Util. *206 Comm. (1992), 64 Ohio St.3d 145, 147 , 593 N.E.2d 286, 287 ; Tamarkin Co. v. Wheeler (1992), 81 Ohio App.3d 232, 234 , 610 N.E.2d 1042, 1043 . 3 Restatement of the Law 2d, Torts (1977) 126-127, Section 552, which describes the doctrine of negligent misrepresentation, does provide, under limited circumstances, a tort vehicle for the recovery of pecuniary damages that result from breach of a contractual duty.

1995Util. *206 Comm. (1992), 64 Ohio St.3d 145, 147 , 593 N.E.2d 286, 287 ; Tamarkin Co. v. Wheeler (1992), 81 Ohio App.3d 232, 234 , 610 N.E.2d 1042, 1043 . 3 Restatement of the Law 2d, Torts (1977) 126-127, Section 552, which describes the doctrine of negligent misrepresentation, does provide, under limited circumstances, a tort vehicle for the recovery of pecuniary damages that result from breach of a contractual duty.

11995–1995

Where else courts name it

TX 105 (1992–2025) NY 57 (1978–2026) CA 48 (1992–2026) WA 43 (1994–2025) IL 35 (1992–2026) NC 30 (1985–2026) PA 23 (1988–2026) TN 22 (2001–2021) GA 22 (1995–2026) NV 22 (2014–2021) CO 20 (1988–2026) CT 20 (1992–2013) FL 19 (1999–2025) MO 19 (1992–2021) VT 19 (1991–2026) MA 18 (1995–2013) MN 16 (1997–2026) DE 16 (1990–2025) OH 14 (1995–2026) IA 13 (1998–2021) AZ 13 (1997–2024) MD 11 (1988–2024) MS 11 (1995–2020) SC 10 (1990–2025) WI 10 (1989–2019) UT 10 (1995–2025) NJ 8 (2000–2026) KY 8 (2004–2025) KS 8 (2000–2026) MT 8 (1995–2025) ME 8 (2000–2019) WY 6 (1989–2019) LA 6 (1990–2023) OR 5 (1990–2012) MI 3 (2010–2016) AL 3 (2002–2017) NM 3 (1978–2026) NE 2 (2003–2006) NH 2 (1989–2020) IN 2 (2001–2009) HI 2 (2002–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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