Johnson v. WATERFRONT SERVICES CO.

Plaintiff, Albert Johnson, Jr., filed a complaint against defendants, Waterfront Services Company and Geoffrey C. Smith, in the circuit court of Alexander County. The court entered a summary judgment in favor of defendants. The appeal raises two issues: (1) whether plaintiff’s complaint was preempted by the Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. §1001 et seq. (2006)) and (2) whether the trial court erred by entering a summary judgment on plaintiffs claim of fraudulent misrepresentation. We reverse and remand.

FACTS

On March 12, 2003, plaintiff filed suit against…