Hilliard v. Gary

MEMORANDUM OPINION

GLEN M. WILLIAMS, Senior District Judge.

This case is before the court on the plaintiff’s and the defendants’ cross-motions for summary judgment. The court has jurisdiction of the case pursuant to 28 U.S.C. § 1332.

FACTUAL BACKGROUND 1

The plaintiff, J.J.B. Hilliard, W.L. Lyons, Inc. (“Hilliard”) is a stockbrokerage firm. T. Bryant Terry, Jr. (“Terry”), an employee of Hilliard, contacted defendant Gary Fox in either late January or early February of 1987 in order to discuss Gary and Catherine Fox’s investments.

During their discussion, Terry mistakenly informed Mr. Fox that the…