William Robinson, A/k/a Billy C. Robinson, Plaintiff/appellee v. James R. Omer, Sr., Defendant/appellant

Summary

The Tennessee Supreme Court held that an attorney's allegedly negligent legal advice cannot ground a third party's negligent misrepresentation claim under Restatement (Second) of Torts § 552 where the advice was supplied for guidance in personal rather than business matters. Viewing the record most favorably to Robinson, the court found that Omer negated the essential 'business transactions' element because Robinson secretly videotaped his friend's sexual encounters as an unpaid favor unrelated to any commercial dealing, and Robinson failed to carry the shifted burden of showing a business purpose. The Court of Appeals' judgment on the negligent misrepresentation claim was reversed and the trial court's summary judgment for Omer was reinstated. No separate opinions were issued.