Russell v. Dalby

PARKER, Judge.

Thomas S. Russell and June M. Russell, the plaintiffs, appeal a final summary judgment entered in favor of C. Edward Dalby and Professional Realty Consultants, Inc. (PRC). The Russells’ complaint alleged that PRC breached its fiduciary duty to them by returning an escrow deposit in a real estate transaction. We reverse because we find that there is a genuine question of fact whether PRC’s conduct constituted gross negligence.

The Russells, as sellers, entered into a real estate contract with Hiltrud Scott, as buyer. PRC was the procuring broker and Dalby was the managing broker…