Raritan River Steel Co. v. Cherry, Bekaert & Holland

WHICHARD, Judge.

I

Plaintiffs appeal from the granting of defendants’ motions to dismiss the complaints for failure to state claims upon which relief can be granted. N.C. Gen. Stat. 1A-1, Rule 12(b)(6). The issue is whether the complaints state claims based on third-party beneficiary contract doctrine and the tort doctrine of negligent misrepresentation. More particularly, we must decide whether a third person not in privity of contract with a certified public accountant has a claim against that accountant for negligent misrepresentation which allegedly results in loss to the third person.

We…