David T.Sears v. Charles Gregory - Dissenting

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE September 2, 2003 Session DAVID T. SEARS, ET AL. v. CHARLES GREGORY, ET AL. Appeal from the Circuit Court for Davidson County No. 01C-2936 Barbara N. Haynes, Judge No. M2002-02771-COA-R3-CV - Filed January 23, 2004 WILLIAM C. KOCH , JR., P.J., M.S., dissenting. The narrow question presented by this appeal is whether Tennessee recognizes the tort of negligent misrepresentation by nondisclosure. While the Sears family’s complaint faces a daunting battle on other fronts, I would not extinguish it at this stage of the proceeding by holding as a…