South Dakota Supreme Court
Charles L. Taggart and Charlotte M. Taggart, Plaintiffs and Appellants v. Ford Motor Credit Company, and Ford Motor…
October 31, 19901990 S.D. LEXIS 159
Summary
The court affirmed summary judgment for Ford and Ford Credit on claims of intentional concealment and negligent failure to disclose arising from the plaintiffs' investment in a financially troubled dealership. It held that the defendants owed no duty to disclose because they were not parties to the stock transaction and had no fiduciary, employment, or comparable confidential relationship with the plaintiffs; it also held that the alleged statements did not constitute actionable misrepresentations or support reliance. The court further held that South Dakota recognizes negligent misrepresentation but not an independent cause of action for negligent nondisclosure.