On July 3, 2019, the Nevada Supreme Court issued an Opinion affirming District Court’s Order Granting Motion for Summary Judgment filed by Lipson Neilson attorneys Joe Garin and Eric Tran in a professional malpractice action against a real estate appraiser.
After purchasing a home, the Plaintiffs/Appellants brought an action against Defendant/Respondent asserting claims for professional negligence, negligent misrepresentation, breach of the statutory duty to disclose a material fact, and breach of contract as third-party beneficiaries. Specifically, Plaintiffs/Appellants alleged that Defendant/Respondents negligently relied on inaccurate information in calculating the home’s size and market value, which resulted in a misleading appraisal report and inflated purchase price.
The district court granted summary judgment for Defendants/Respondents. The Nevada Supreme Court affirmed. In the opinion, the Nevada Supreme Court took the opportunity to emphasize the important role of summary judgment in promoting judicial economy and reminded District Courts that they “should not hesitate to discourage meritless litigation in instances where, as here, claims are deficient of evidentiary support and are based on little more than the complainants’ conclusory allegations and accusations.”
Read the Opinion here: Boesiger v. Desert Appraisal, 135 Nev. Adv. Op 25, Case No. 75198