BLUMSTEIN v. SPORTS IMMORTALS, INC.

No. 4D10-42.

67 So.3d 437 (2011)

Mark BLUMSTEIN, Appellant, v. SPORTS IMMORTALS, INC., and Joel Platt, Appellees.

District Court of Appeal of Florida, Fourth District.

August 24, 2011.


Attorney(s) appearing for the Case

Mark Blumstein , Hollywood, pro se.

Terry E. Resk of Haile, Shaw & Pfaffenberger, P.A., North Palm Beach, for appellees.


GROSS, J.

When does a negligent misrepresentation cross the line from a gratuitous, curbstone opinion, which cannot support a cause of action in tort, to a statement in which the speaker has a sufficient pecuniary interest to justify the imposition of tort liability? Here, where the defendants were in the business of appraising sports memorabilia, we find that they had an adequate pecuniary interest in the transaction where the misinformation was supplied. We thus...

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