Amaro Silva and Jean Silva v. John Stevens, Glendon McAllister and Joyce McAllister

Summary

The court affirmed the McAllisters’ liability for fraudulent misrepresentation, fraudulent nondisclosure, and negligent misrepresentation because the evidence supported the jury’s findings and the asserted instructional and verdict-form errors were either waived or nonprejudicial. It held that the sales contract’s “as is” clause did not, as a matter of law, bar tort liability or justify judgment notwithstanding the verdict for Stevens, whose judgment was reversed and the jury verdict reinstated. The opinion contains no separate writings.