Thomson v. McGinnis

195 W.Va 465 (1995)

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Thomson v. McGinnis

West Virginia Supreme Court of Appeals
195 W.Va 465 (1995)

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Facts

Rebecca Thomson (plaintiff) sought to purchase a home. The seller was represented by real estate broker Erma McGinnis (defendant). McGinnis agreed to have the furnace inspected and to certify that it was working. McGinnis asked David Stephens (defendant) to inspect the furnace. McGinnis provided Stephens with a heating-certification form, upon which Stephens certified that the furnace was in working condition. After purchasing the home, Thomson discovered that the furnace was not functioning due to asbestos on the heating pipes. When Stephens went to Thomson’s house to service the furnace, he informed Thomson that he was not certified in heating. Stephens also said that he should not have signed the certification form and that he did so only at the direction of McGinnis. Thomson subsequently brought suit, alleging fraudulent misrepresentation and negligence. The circuit court granted summary judgment against Thomson, and Thomson appealed.

Rule of Law

Issue

Holding and Reasoning (Workman, J.)

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