negligent misrepresentation claim in Mississippi

2017“In order to establish a prima facie case of negligent misrepresentation, a plaintiff is required to show: (1) a misrepresentation or omission of a fact; (2) that the representation or omission is material or significant; (3) that the defendant failed to exercise that degree of diligence and expertise the public is entitled to expect of it; (4) that the plaintiff reasonably relied on the defendant’s representations; and (5) that the plaintiff suffered damages as a 17 direct and proximate result of his reasonable reliance.” Skrmetta v. Bayview Yacht Club, Inc., 806 So. 2d 1120, 1124 (¶ 13) (Mis

2017The subject jury instruction omitted essential element of a claim for negligent misrepresentation, specifically, the requirement that the representation or omission was “material or significant.” Skrmetta, 806 So. 2d at 1124 (¶ 13).

2009See Callicutt v. Prof'l Servs. of Potts Camp, Inc., 974 So.2d 216, 221 (Miss.2007) (listing elements of breach of fiduciary duty).

2009See Callicutt v. Prof'l Servs. of Potts Camp, Inc., 974 So.2d 216, 221 (Miss.2007) (listing elements of breach of fiduciary duty).

2009Op. at 157; the negligent misrepresentation claim argues that by failing to comply with Rule 1.8, Williamson and Miller “failed to exercise that degree of diligence and expertise the public is entitled to expect of’ an attorney, Hazlehurst Lumber Company v. Mississippi Forestry Commission, 983 So.2d 309, 313 (Miss.2008) (listing elements of negligent misrepresentation); and the breach of fiduciary duty claim contends that Rule 1.8 imposed an actionable duty upon Williamson and Miller.

2009Op. at 17; the negligent misrepresentation claim argues that by failing to comply with Rule 1.8, Williamson and Miller "failed to exercise that degree of diligence and expertise the public is entitled to expect of" an attorney, Hazlehurst Lumber Company v. Mississippi Forestry Commission, 983 So.2d 309, 313 (Miss.2008) (listing elements of negligent misrepresentation); and the breach of fiduciary duty claim contends that Rule 1.8 imposed an actionable duty upon Williamson and Miller.

1999The lower court based its opinion on Stonecipher v. Kornhaus, where this Court stated the general rule that "a vendor of real estate is not liable to the purchaser in possession, ... which is caused by a dangerous condition on the premises, whether natural or artificial, which existed when the purchaser took possession." 623 So.2d 955, 962 (Miss. 1993). ¶ 66.

1997The lower court based its opinion on Stonecipher v. Kornhaus, where this Court stated the general rule that "a vendor of real estate is not liable to the purchaser in possession, . . . which is caused by a dangerous condition on the premises, whether natural or artificial, which existed when the purchaser took possession." 623 So.2d 955, 962 (Miss. 1993). ¶66.

2017The elements of a negligent misrepresentation claim are: (1) a misrepresentation or omission of a fact; (2) that the representation or omission is material or significant; (3) that the person/entity charged with the negligence failed to éxercise that degree of diligence and expertise the public is entitled to expect of such persons/entities; (4) that the plaintiff reasonably relied upon the misrepresentation or omission; and (5) that the plaintiff suffered damages as a direct and proximate result of such reasonable reliance. ■ Saucier v. Peoples Bank of Biloxi, 150 So.3d 719, 731 (Miss.

1995Similarly, in Berkline Corp. v. Bank of Mississippi, 453 So.2d 699, 702 (Miss. 1984), this Court determined that the elements of a negligent misrepresentation claim are: 1) a misrepresentation or omission of fact; 2) materiality; 3) the failure to exercise ordinary care; 4) reasonable reliance; and 5) injury.