The only acts alleged by Dr. Stout are purported breaches of contract. Further, Dr. Stout has failed to allege any “substantial aggravating circumstances,” which is necessary to transform a breach of contract claim into an UDTPA claim. Therefore, it is appropriate for the Court to dismiss Dr. Stout’s sixth counterclaim against the Practice. vi. Negligent Misrepresentation Claim
Dr. Stout’s final claim against the Practice, which is plead in the alternative, seeks recovery of damages, including costs, attorneys’ fees, and punitive damages under the legal theory of negligent misrepresentation. Dr. Stout cannot show either (a) that he justifiably relied on the purported representations forming the basis of his complaint, or (b) that he was
Dr. Stout’s final claim against the Practice, which is plead in the alternative, seeks recovery of damages, including costs, attorneys’ fees, and punitive damages under the legal theory of negligent misrepresentation. Dr. Stout cannot show either (a) that he justifiably relied on the purported representations forming the basis of his complaint, or (b) that he was