Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)

Citation: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Parent Document: Driscoll v. Toll MA Ltd. Partnership, 26 Mass. L. Rptr. 345 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-12-28
Original Source: https://www.courtlistener.com/opinion/8357328/driscoll-v-toll-ma-ltd-partnership/ ↗

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The defendants seek summary judgment on Count VIII of the second amended complaint on the grounds that the plaintiffs cannot demonstrate that the defendants made any actionable misrepresentations.6 In order to recover for negligent misrepresentation, the plaintiffs must prove that the defendants (1) in the course of their business, (2) supplied false information for the guidance of the plaintiffs (3) in their business transactions, (4) causing and resulting in pecuniary loss to the plaintiffs (5) by their justifiable reliance upon the information, and (6) with failure to exercise reasonable care or competence in obtaining or communicating the information. Nota Constr. Corp., 45 Mass.App.Ct. at 19-20. A claim for negligent misrepresentation is ordinarily one for a juiy, unless the undisputed facts are so clear as to permit only one conclusion. Id. at 20.

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