Ryan Danahey Secures Dismissal with Prejudice

Ryan secured the dismissal with prejudice on an Illinois court action in which plaintiff had alleged negligent misrepresentation against the insured’s real estate agent. Purportedly, the client misrepresented the number of units that could be inhabited.

In Ryan’s motion to dismiss he established that the information regarding habitable units was legal information and not factual and therefore could not form the basis for a negligent misrepresentation count. Plaintiff could not reasonably rely on those statements as she was equally situated to determine the truth/falsity of the statement, and the proximate cause of the losses plaintiff alleged was a later determination by the City of Chicago (after the sale) that the building had three habitable units instead of four (the City indicated there were 4 habitable units at the time of sale).