EDCARE MANAGEMENT, INC. v. DELISI

No. 11-CV-1117.

50 A.3d 448 (2012)

EDCARE MANAGEMENT, INC., Appellant, v. Frank G. DELISI, Appellee.

District of Columbia Court of Appeals.

Decided July 13, 2012.


Attorney(s) appearing for the Case

Barry S. Pollack , admitted pro hac vice by special leave of court, with whom Kevin M. Colmey was on the brief, for appellant.

Steven K. White , with whom Matthew Smilowitz , Washington, DC, was on the brief, for appellee.

Before OBERLY and EASTERLY, Associate Judges, and REID, Senior Judge.


OBERLY, Associate Judge:

Appellant, EDCare Management, Inc. ("EDCare"), appeals the trial court's entry of summary judgment in favor of appellee Frank DeLisi on its fraudulent misrepresentation claim. We affirm, holding that EDCare's claim is barred by res judicata as well as the rule stated in Choharis v. State Farm Fire & Cas. Co., 961 A.2d 1080 (D.C.2008), that a breach of contract claim may not be recast as a tort claim...

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