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Jordan v. Earthgrains Companies, Inc.

Citations: 576 S.E.2d 336; 155 N.C. App. 762; 19 I.E.R. Cas. (BNA) 1057; 2003 N.C. App. LEXIS 25Docket: COA01-1481

Court: Court of Appeals of North Carolina; January 21, 2003; North Carolina; State Appellate Court

Narrative Opinion Summary

In this case, plaintiffs, former employees of a baking company, appealed a summary judgment ruling in favor of the defendants, including a national baking company and its parent corporation. The appeal followed the closure of the plaintiffs' plant despite assurances of job security by the company's CEO during a 1995 meeting. The plaintiffs initially filed a class action lawsuit for Title VII violations and fraudulent misrepresentation, which was dismissed, and subsequently filed a state court action for negligent misrepresentation. The trial court granted summary judgment for the defendants, and the Court of Appeals of North Carolina affirmed this decision. The court found that the plaintiffs did not establish a duty of care owed by the CEO to them personally, nor did they demonstrate justifiable reliance on his statements. The court also noted that the CEO's statements were not made in a business transaction for pecuniary gain, further undermining the negligent misrepresentation claim. Additionally, the plaintiffs waived their argument regarding a procedural failure by the defendants by not raising it earlier. Consequently, the appellate court upheld the trial court's grant of summary judgment for the defendants, dismissing the plaintiffs' claims.

Legal Issues Addressed

Duty of Care in Negligent Misrepresentation

Application: The court determined that Beracha did not owe a duty of care to the plaintiffs, as they were not in a business transaction with him.

Reasoning: In this case, plaintiffs did not demonstrate that Beracha was engaged in any such transaction, nor did they prove the information he provided was false.

Justifiable Reliance

Application: Plaintiffs did not demonstrate justifiable reliance on Beracha's statements as required for a negligent misrepresentation claim.

Reasoning: The plaintiffs did not inspect financial information available at the plant, nor did they show they rejected job offers based on Beracha's comments.

Negligent Misrepresentation

Application: The plaintiffs failed to establish that Beracha owed them a duty of care, an essential component of their negligent misrepresentation claim.

Reasoning: Specifically, it is found that Beracha, as the president and CEO of the corporation, owed a duty of care only to the corporation itself, not to individual employees.

Summary Judgment Standards

Application: The court affirmed summary judgment for the defendants, finding no genuine issue of material fact in the plaintiffs' negligent misrepresentation claim.

Reasoning: Summary judgment is appropriate when there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law.

Waiver of Argument

Application: Plaintiffs waived their argument regarding defendants' failure to file an answer, as it was not raised in the trial court or included in their assignments of error on appeal.

Reasoning: However, plaintiffs did not raise this issue in the trial court or include it in their assignments of error on appeal, thereby waiving the right to argue it.