Restatement (Second) Of Torts § 552

70 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• First Fla. Bank, N.A. v. MAX Mitchell & Co.
  558 So. 2d 9· Fla.· 1990-03-08 ·cited 114×
  The Florida Supreme Court held that an accountant may be liable in negligence to third parties despite the absence of privity when the accountant knows that specific third parties will rely on the financial statements. The Court adopted the Restatement (Second) of Torts § 552 sta
• Gilchrist Timber Co. v. ITT Rayonier, Inc.
  696 So. 2d 334· Fla.· 1997-06-26 ·cited 99×
  The Florida Supreme Court addresses whether a party who negligently transmits false information can be liable for negligent misrepresentation when the recipient relied on it despite being able to discover its falsity through investigation. The Court holds that such liability exis
• Eisenberg v. Gagnon
  766 F.2d 770· 3d Cir.· 1985-06-28 ·cited 69×
  The court held that the district court erred by failing to instruct the jury that fraudulent projections are actionable under federal securities laws and by granting judgment n.o.v. on state negligent misrepresentation claims due to insufficient evidence of reliance.
• M/I Schottenstein Homes, Inc. v. Nasad Azam
  813 So. 2d 91· Fla.· 2002-03-07 ·cited 39×
  The Florida Supreme Court resolved a conflict between district courts regarding whether fraud claims can be based on misrepresentations about matters contained in public records. The Court held that such claims present a factual question unsuitable for dismissal via motion to dis
• Williams v. Bear Stearns & Co.
  725 So. 2d 397· Fla. 5th DCA· 1998-12-23 ·cited 39×
  Insurance commissioner Williams, as receiver for insolvent National Heritage Life Insurance Company, appealed dismissals of claims against investment advisors for losses from collateralized mortgage obligations. The appellate court held that tort claims against non-contracting pa
• First Nat'l Bank v. Small Bus. Admin.
  429 F.2d 280· 5th Cir.· 1970-07-17 ·cited 34×
  The court held that the trial court erred in refusing to submit the SBA's requested special issue on negligent misrepresentation, as there was a jury question regarding whether the Bank breached its duty of care to the SBA.
• Inv. Corp. OF Fla. v. Buchman
  208 So. 2d 291· Fla. 2d DCA· 1968-02-28 ·cited 32×
  Investment Corporation of Florida sued certified public accountants for negligence and fraud in preparing a financial statement for Belcher-Young Company, on which plaintiff relied in deciding not to rescind a stock purchase. The Florida appellate court affirmed summary dismissal
• Palau Int'l Traders, Inc. v. Narcam Aircraft, Inc.
  653 So. 2d 412· Fla. 3d DCA· 1995-03-15 ·cited 31×
  Palau International Traders purchased a used airplane from International Airlines Holdings Corporation and sought negligence damages from Narcam Aircraft, a repair station that inspected the airplane for airworthiness certification, when the plane's landing gear was later found t
• Cyrus R. Ware v. United States
  626 F.2d 1278· 5th Cir.· 1980-10-02 ·cited 29×
  The court held that the misrepresentation exception to the FTCA does not bar Ware's claim, and the statute of limitations did not begin until Ware knew of the damage. However, the district court lacks pendent jurisdiction over Ware's Tucker Act claim exceeding $10,000.
• Pulte Home Corp. v. Osmose Wood Preserving, Inc.
  60 F.3d 734· 11th Cir.· 1995-07-18 ·cited 26×
  Pulte Home Corporation, a homebuilder, sued Osmose Wood Preserving for damages resulting from the deterioration of fire-retardant treated plywood used in 1876 townhouses. A jury found Osmose liable for negligence and fraud, awarding $3,750,000 in compensatory damages and $2,500,0
• BAY Garden Manor Condo. Ass'n, Inc. v. James D. Marks Assocs., Inc.
  576 So. 2d 744· Fla. 3d DCA· 1991-02-12 ·cited 25×
  An engineering firm supplying false information to an owner-client about a building's condition, in contemplation of condominium conversion, may be liable in tort to subsequent purchasers of units, even without contractual privity.
• Cunha v. Ward Foods, Inc.
  804 F.2d 1418· 9th Cir.· 1986-11-21 ·cited 24×
  The court held that damages for negligent misrepresentation are limited to out-of-pocket losses under Hawaii law, and that Ward's use of corporate assets to provide benefits to some former employees did not violate the pension plan's terms. The court remanded a claim regarding pl
• Blu-J, Inc. v. Kemper C.P.A. Grp.
  916 F.2d 637· 11th Cir.· 1990-11-06 ·cited 23×
  The court held that the district court erred in directing a verdict on the negligence counts due to an intervening change in Florida law, but correctly directed a verdict on the third-party beneficiary count and properly excluded evidence related to settlement negotiations.
• First State Sav. Bank v. Albright & Assocs. OF Ocala, Inc.
  561 So. 2d 1326· Fla. 5th DCA· 1990-05-31 ·cited 23×
  First State Savings Bank sued real estate appraiser Stephen Albright for negligence after relying on a grossly inaccurate appraisal of the Golden Ocala project, resulting in a $37 million loan on property worth less than $9.5 million. The trial court directed a verdict for Albrig
• Specialty Marine & Indus. Supplies, Inc. v. Bahram Venus
  66 So. 3d 306· Fla. 1st DCA· 2011-02-11 ·cited 22×
  Specialty Marine & Industrial Supplies, Inc. appeals a judgment notwithstanding the verdict that overturned a jury verdict awarding damages for negligent misrepresentation by the Venus defendants regarding property boundary lines. The appellate court reverses, holding that compet
• In re Sahlen & Assocs.
  773 F. Supp. 342· S.D. Fla.· 1991-07-10 ·cited 22×
  The court held that some plaintiffs adequately pleaded actual reliance for their Rule 10b-5 claims, while others failed to plead actual reliance or market efficiency for presumed reliance under the fraud-on-the-market theory. Claims under Rule 10b-5(2) in a primary market context
• Vesta Constr. & Design, L.L.C. v. Lotspeich & Assocs., Inc.
  974 So. 2d 1176· Fla. 5th DCA· 2008-02-22 ·cited 21×
  Vesta Construction appeals the dismissal of its negligent misrepresentation claim against Michael Howe, an employee of an environmental consulting firm that Vesta had contracted with to assess developable land. The Florida Fifth District affirms dismissal, holding that the econom
• BDO Seidman v. Banco Espirito Santo Int'l
  38 So. 3d 874· Fla. 3d DCA· 2010-06-23 ·cited 20×
  BDO Seidman appeals a jury verdict awarding over $159 million in compensatory damages and $351 million in punitive damages. The Florida appellate court reverses and remands for a new trial, finding that the trial court's "trifurcation" of the case—requiring the jury to determine
• E.C. Goldman, Inc. v. A/R/C Assocs., Inc.
  543 So. 2d 1268· Fla. 5th DCA· 1989-05-04 ·cited 19×
  E.C. Goldman, Inc., a roofing subcontractor, sued roof consultants A/R/C Associates and Donald Domer for negligence in evaluating the roof Goldman installed, claiming their unfavorable reports prevented payment. The court held that without privity, intended beneficiary status, or
• McELVY v. Arlington Elec., Inc.
  582 So. 2d 47· Fla. 2d DCA· 1991-06-12 ·cited 17×
  An architectural firm appeals a judgment finding it liable in tort for negligently interpreting contract provisions during construction of the Tampa Bay Performing Arts Center. The court reverses, holding that architects owe no duty of care to subcontractors for purely economic l
• Geosearch, Inc. v. Howell Petroleum Corp.
  819 F.2d 521· 5th Cir.· 1987-06-08 ·cited 16×
  The court held that the trial court did not err in submitting the negligent misrepresentation claim to the jury, in its interpretation of the jury's damages award, or in its refusal to reduce the award for comparative negligence.
• City OF Tampa v. Thornton-Tomasetti, P.C.
  646 So. 2d 279· Fla. 2d DCA· 1994-12-02 ·cited 15×
  The City of Tampa sought to recover economic losses from engineering consultants (Thornton-Tomasetti and Burton & Rolley) who were not in privity with the City, claiming negligence in design preparation that caused construction delays. The court held that the economic loss rule b
• Llano Fin. Grp., LLC v. Yespy
  228 So. 3d 108· Fla. 4th DCA· 2017-08-23 ·cited 14×
  A claim servicer lacked standing to sue a property appraiser for negligence because it was not an intended user of the appraisal and the original lender never assigned its negligence claims to the subsequent mortgage holders. The court affirmed the dismissal of the complaint, fin
• Ragsdale v. Mount Sinai Med. Ctr. OF Miami
  770 So. 2d 167· Fla. 3d DCA· 2000-08-02 ·cited 13×
  Emma Ragsdale, a police officer terminated after Mount Sinai reported a positive drug test result, appealed summary judgment dismissing her negligence claim. The court reversed the summary judgment on the negligence count, finding Mount Sinai owed a duty of ordinary care to Ragsd
• Rankow v. First Chicago Corp.
  870 F.2d 356· 7th Cir.· 1989-02-24 ·cited 13×
  The court held that the plaintiffs' allegations were sufficient to raise factual questions regarding breach of contract and negligent misrepresentation, precluding dismissal at the pleading stage.
• J.E. Mamiye & Sons, Inc. v. The Fid. Bank V. Commonwealth Marine & Gen. Assurance Co., Ltd.
  813 F.2d 610· 3d Cir.· 1987-03-06 ·cited 12×
  A motion for leave to amend a complaint may not be denied solely because the court believes the amended complaint would not survive a motion for summary judgment.
• Pensacola Executive House Condo. Ass'n, Inc. v. Baskerville-Donovan Eng'rs, Inc.
  566 So. 2d 850· Fla. 1st DCA· 1990-08-30 ·cited 11×
  A condominium association sued an engineering firm for negligent preparation of a structural report used in the complex's conversion to condominiums. The trial court dismissed the claim as barred by Florida's two-year professional malpractice statute of limitations, but the appel
• Spancrete, Inc. v. Ronald E. Frazier & Assocs., P.A.
  630 So. 2d 1197· Fla. 3d DCA· 1994-01-18 ·cited 9×
  Spancrete, a subcontractor on a construction project, sued architect Ronald E. Frazier & Associates for negligent supervision. The Florida Supreme Court's recent decision in Casa Clara confined the supervising architect duty of care recognized in A.R. Moyer strictly to its facts,
• Rogers v. Cisco Sys., Inc.
  268 F. Supp. 2d 1305· N.D. Fla.· 2003-05-14 ·cited 8×
  The court granted in part Cisco's motion to dismiss, dismissing fraud, negligent misrepresentation, and FDUTPA claims for insufficient pleading of reliance and applicability, but denied dismissal for the breach of fiduciary duty claim.
• KPMG Peat Marwick, L.L.P. v. Barner
  771 So. 2d 56· Fla. 2d DCA· 2000-10-06 ·cited 8×
  The court held that the trial court's class certification order must be reversed because it failed to comply with procedural rules requiring findings of fact and conclusions of law.
• Lowell Staats Mining Co., Inc. v. Pioneer Uravan, Inc.
  878 F.2d 1259· 10th Cir.· 1989-06-19 ·cited 8×
  The court affirmed the directed verdicts for Pioneer and Nuclear on piercing the corporate veil, fraudulent conveyances, and misrepresentation claims, and affirmed the denial of prejudgment interest.
• The Toro Co. v. Krouse
  827 F.2d 155· 7th Cir.· 1987-08-19 ·cited 8×
  Under Indiana law, an accounting firm is not liable to a third-party creditor for negligence in preparing financial reports unless there is privity or conduct demonstrating the accountant's knowledge of and link to the third party's reliance.
• THE Ocean Ritz OF Daytona Condo. v. GGV Assocs., Ltd
  710 So. 2d 702· Fla. 5th DCA· 1998-05-01 ·cited 7×
  The Fifth District Court of Appeal affirmed summary judgment dismissing a negligence action by a condominium association against an architectural firm, holding that the economic loss rule bars negligence claims when a plaintiff seeks only economic damages, even when the plaintiff
• Nationsbank, N.A. v. KPMG Peat Marwick LLP
  813 So. 2d 964· Fla. 4th DCA· 2002-02-20 ·cited 6×
  Three banks sued their borrower's auditor, KPMG, for negligent misrepresentation, claiming reliance on inaccurate audited financial statements in managing a line of credit. The court affirmed the jury's finding of liability against KPMG but reversed the trial court's grant of set
• Russell v. The Sherwin-Williams Co.
  767 So. 2d 592· Fla. 4th DCA· 2000-09-13 ·cited 6×
  Tom Russell, a painter, sued Sherwin-Williams for negligence and fraudulent inducement after the company's employee provided incorrect paint application specifications that caused Russell's work to be rejected. The court affirmed summary judgment on the fraudulent inducement clai
• Coastal (Bermuda) Ltd. v. E.W. Saybolt & Co., Inc.
  826 F.2d 424· 5th Cir.· 1987-09-11 ·cited 6×
  The court held that the surveyor did not supply false information and the buyer did not justifiably rely on the report, thus failing to establish a prima facie case for negligent misrepresentation.
• Grass v. Credito Mexicano, S.A.
  797 F.2d 220· 5th Cir.· 1986-08-15 ·cited 6×
  Claims based on a bank's alleged misrepresentations prior to a foreign government's currency control actions are not barred by the act of state doctrine, but claims directly challenging the validity of those actions are barred.
• Zurad v. Lehman Bros. Kuhn Loeb Inc. & William Curry
  757 F.2d 129· 7th Cir.· 1985-03-12 ·cited 6×
  The court held that the broker's failure to disclose material market information, including recent price fluctuations and trading suspensions, constituted negligent misrepresentation under Illinois law, and that the plaintiff was entitled to recover damages.
• MacHata v. Seidman & Seidman
  644 So. 2d 114· Fla. 4th DCA· 1994-10-05 ·cited 5×
  Shareholders of First American Bank & Trust sued an accounting firm for negligence, alleging they relied on the firm's audit report and financial statements when purchasing stock that became worthless. The Florida court affirmed dismissal of the negligence counts, holding that ac
• Blumstein v. Sports Immortals, Inc.
  67 So. 3d 437· Fla. 4th DCA· 2011-08-24 ·cited 4×
  The court reversed a dismissal of a negligent misrepresentation claim against sports memorabilia appraisers who provided a significantly inflated valuation of a baseball montage collection. The court held that because the defendants were in the business of appraising memorabilia
• Applestein v. Deloitte Haskins & Sells
  637 So. 2d 349· Fla. 3d DCA· 1994-05-31 ·cited 4×
  Applestein, as trustee, sued accounting firm Deloitte for negligent audits of Guardian Bank, claiming he relied on those audits when purchasing bank stock that became worthless. The court affirmed summary judgment for Deloitte, holding that accountants are only liable to non-clie
• Miller's Bottled GAS, Inc. v. Borg-Warner Corp.
  955 F.2d 1043· 6th Cir.· 1992-02-03 ·cited 4×
  A party suffering only economic loss cannot recover under a negligence-based product liability theory; however, a fraud claim may proceed if there is clear and convincing evidence of a false representation made with knowledge of falsity or reckless disregard, intended to induce r
• FLA Orthopedics, Inc. v. The Am. Ins. Co.
  896 So. 2d 1· Fla. 3d DCA· 2004-08-11 ·cited 3×
  FLA Orthopedics sued The American Insurance Company (TAIC) for negligent misrepresentation and statutory violation under Florida Statutes § 626.901, claiming that TAIC's issuance of an errors and omissions policy to Well American Group (WAG) implicitly represented that WAG was li
• First Nat'l Bank OF Commerce (formerly the Bank of New Orleans & Tr. Company) v. Monco Agency Inc.
  911 F.2d 1053· 5th Cir.· 1990-09-14 ·cited 3×
  Under Louisiana law, an accounting firm is not liable for negligent misrepresentation to a third-party lender unless the firm had actual knowledge that the lender would rely on the audit for a specific transaction.
• Cooper v. Brakora & Assocs., Inc.
  838 So. 2d 679· Fla. 2d DCA· 2003-03-05 ·cited 2×
  Cooper sued an appraiser hired by his lender, alleging negligent misrepresentation when the appraisal failed to disclose termite damage that caused $50,000 in repairs. The court affirmed dismissal, holding that under Restatement § 552, the appraisal was prepared for the loan tran
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 02-1)
  828 So. 2d 377· Fla.· 2002-09-12 ·cited 2×
  The Florida Supreme Court approved amendments to standard civil jury instructions, including new instruction MI 8.1 on negligently supplied false information under Restatement § 552, modifications to instruction MI 8 on misrepresentation claims, and an amended instruction 3.3a on
• Wentzka v. Gellman
  991 F.2d 423· 7th Cir.· 1993-04-19 ·cited 2×
  A federal district court abused its discretion by retaining jurisdiction over state law claims after dismissing all federal claims, absent extraordinary circumstances.
• Badische Corp. & Akzona Inc. v. Caylor
  806 F.2d 231· 11th Cir.· 1986-12-19 ·cited 2×
  The court certified a question to the Georgia Supreme Court regarding whether third parties can recover against an accountant for negligence in preparing financial statements if reliance was merely foreseeable.
• N. Am. Co. FOR Life & Health Ins. v. Merton B. Berger
  648 F.2d 305· 5th Cir.· 1981-06-18 ·cited 2×
  The dissenting judge would affirm the grant of summary judgment, finding the complaint did not state a claim for simple negligence and that no basis existed for imposing liability on the doctor.
• Recreational Design & Constr., Inc. v. Wiss
  820 F. Supp. 2d 1293· S.D. Fla.· 2011-01-24 ·cited 1×
  The court held that the plaintiff failed to state a claim for professional malpractice or negligent misrepresentation because the allegations did not establish a duty owed by the defendants to the plaintiff, nor did they sufficiently plead breach, causation, or justifiable relian