MARTIK BROTHERS, INC. v. HUNTINGTON NATIONAL BANK

Filing 120

ORDER denying 108 Motion to Dismiss. Signed by Judge Arthur J. Schwab on 03/03/10. (mjl)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA MARTIK BROTHERS, INC., Plaintiff, v. HUNTINGTON NATIONAL BANK, Defendant. ORDER DENYING MOTION TO DISMISS NEGLIGENT MISREPRESENTATION CLAIM (DOC. NO. 108) The Court has carefully considered defendant Huntington National Bank's belated motion to dismiss plaintiff Martik Brother's claim of negligent misrepresentation on the grounds that, according to HNB, plaintiff's claim is barred by Pennsylvania's economic loss doctrine which prohibits recovery on a negligence claim which results solely in economic damages, and plaintiff's response thereto. The Court agrees with Martik Brothers that the economic loss doctrine is not applicable in this case. Accordingly, AND NOW, this 3rd day of March, 2010, IT IS HEREBY ORDERED that defendant's Motion to Dismiss Negligent Misrepresentation Claim (Doc. No. 108) is DENIED. 08cv0083 ELECTRONICALLY FILED

SO ORDERED. s/ Arthur J. Schwab Arthur J. Schwab United States District Judge

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