Barger v. McCoy Hillard & Parks

MARTIN, John C., Judge.

Plaintiffs’ sole assignment of error is that the trial court erred in granting defendants’ motion for summary judgment. Plaintiffs argue that there are genuine issues of material fact and that defendants were not entitled to judgment as a matter of law. We affirm the order of the trial court, except as to plaintiffs’ claim of constructive fraudulent misrepresentation. As to that claim, we reverse summary judgment and remand to the trial court.

Our analysis in this case turns on the nature of plaintiffs’ claimed injuries. Because of defendants’ alleged breach of contract…