United States Fifth Circuit

In a suit alleging negligence and negligent misrepresentation in an erroneous determination that plaintiffs' home was not located in a flood zone, summary judgment for defendant is reversed where, under Mississippi law, the erroneous flood-zone determination was the kind of professional opinion, developed in the course of a party's business and supplied for the guidance of others in a transaction, on which justifiable and detrimental reliance by a reasonably foreseeable person might be shown to have occurred. (Revised opinion)

Appellate Information

• Decided 12/02/2008
• Published 12/05/2008

Judges

• SOUTHWICK, Circuit Judge:, Before BENAVIDES, SOUTHWICK and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert H. Tyler (argued), Tyler Law Firm, Biloxi, MS, for Plaintiffs-Appellants.


• For Appellees:
  
• H. Hunter Twiford, III (argued), Frank Edwin McRae, III, McGlinchey Stafford, Jackson, MS, for Defendant-Appellee.