The defendants brought a motion under Rule 21.01(1)(b) to strike the plaintiff's claim of negligent misrepresentation and breach of contract.
The plaintiff, a dentist, alleged he was misled during negotiations to exercise an option to purchase an interest in a dental practice.
The court found that the plaintiff failed to properly plead the necessary elements of negligent misrepresentation, including duty of care, detrimental reliance, and damages.
The court granted the motion to strike the negligent misrepresentation claim but granted the plaintiff leave to amend the statement of claim to cure the deficiencies.