Berry v. Javitch, Block & Rathbone, L.L.P.

Mary Eileen Kilbane, Judge.

{¶ 1} Plaintiffs-appellants, Robert and Diane Berry (“the Berrys”), appeal the decision of the Cuyahoga County Court of Common Pleas granting summary judgment in favor of defendant-appellee, Javitch, Block & Rathbone, L.L.P. (“Javitch”). After a thorough review of the record and pertinent law, we conclude there is an issue of material fact. Therefore, we reverse.

{¶ 2} The Berrys commenced an action for fraudulent and gross negligent misrepresentation, as well as fraudulent and gross negligent concealment against Javitch. In an earlier suit, the Berrys alleged that…