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Posted by: Brittany Sims on Dec 23, 2013

Court: TN Court of Appeals

Attorneys 1:

Shannon M. Holland, Knoxville, Tennessee, for the appellant, Reid R. Crumpton.

Attorneys 2:

Ellis A. “Sandy” Sharp, Jon M. Cope, and Zachary B. Tenry, Knoxville, Tennessee, for the appellee, Mary Bea Corbitt.

Judge(s): SWINEY

Reid R. Crumpton (“Plaintiff”) sued Patricia G. Grissom (“Affiliate Broker”), Ashley Carpenter, and Mary Bea Corbitt (“Managing Broker”) in connection with a real estate sales contract for real property containing both a house and a business. The Managing Broker filed a motion for summary judgment asserting, in part, that she was not personally involved in Plaintiff’s purchase of the real property at issue and had no knowledge of the details of the transaction, and, therefore, could not be held liable for the actions of the Affiliate Broker. After a hearing, the Trial Court entered an order granting the Managing Broker summary judgment and making its judgment final pursuant to Tenn. R. Civ. P. 54.02. Plaintiff appeals the grant of summary judgment to the Managing Broker. We find and hold that Tenn. Code Ann. §§ 62-13-101, et seq. creates a duty on the part of the Managing Broker, and that the Managing Broker failed to show that she met the standard of care sufficient to satisfy her duty. We, therefore, reverse the grant of summary judgment to the Managing Broker, and remand this case for further proceedings.