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Civil Practice : Jury Instructions – Fraudulent Misrepresentation
Stephanie Maniscalco//January 22, 2014//
Civil Practice : Jury Instructions – Fraudulent Misrepresentation
Stephanie Maniscalco//January 22, 2014//
Where a homebuyer brought a fraudulent misrepresentation action against a builder after his yard flooded, the theory underlying the claim was that the defendant made representations about both the lot’s current condition and his intention to remedy any future problems, so the plaintiff argued a theory of misrepresentation of an existing fact, and the trial court erred in failing to submit the alleged representations in two separate verdict directors and the error was not harmless since the plaintiff was entitled to have the jury properly consider his chosen theory.
Judgment is reversed and remanded.
Stevens v. Markirk Construction, Inc. (MLW No. 65938/Case No. WD75532 – 12 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Appealed from circuit court, Jackson County, Roldan, J. (Margaret D. Linberry, Kansas City, Missouri, for appellant) (Derek H. Mackay and David R. Buchanan, Kansas City, Missouri; Patrick A. Bousquet, St. Louis, and Joseph S. Gall, Independence, for respondent).
Read the full text of this opinion. (PDF)
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