COMMERCIAL PAINTING COMPANY, INC. v. THE WEITZ COMPANY, LLC, ET AL. - Articles

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Posted by: Stacey Shrader Joslin on Jun 20, 2016

Court: TN Court of Appeals

Attorneys 1:

Scott A. Frick, Memphis, Tennessee, for the appellant, Commercial Painting Company, Inc.

Attorneys 2:

Donald Capparella, Candi Henry, Nashville, Tennessee, and Jeffrey C. Smith, Memphis, Tennessee, for the appellees The Weitz Company, Inc., The Village at Germantown, Inc., BNP Paribas, Deutsche Bank National Trust Company, Anne B. Mathes, Trustee, Federal Insurance Company, and St. Paul Fire & Marine Insurance Co.

Judge(s): BENNETT

A subcontractor and general contractor executed a subcontract for a continuing care retirement community. The subcontractor filed a complaint against the general contractor and asserted claims for breach of contract and misrepresentation. The contractor filed a motion for partial summary judgment with respect to the claims for misrepresentation, which the trial court granted. The breach of contract claims were tried and the trial court awarded the subcontractor some damages, but less than the subcontractor sought. The subcontractor appealed the trial court‘s judgment granting the contractor‘s motion for partial summary judgment. We conclude the subcontractor stated claims for intentional or negligent misrepresentation and that the trial court erred in dismissing these claims. We reverse the trial court‘s judgment granting the contractor‘s motion for partial summary judgment and remand the case for further proceedings.