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Keywords

tortdamagesliabilitytrialwillduty of care
tortdamagesliabilitytrialwillduty of care

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Rozny v. Marnul, 43 Ill.2d 54, 250 N.E.2d 656, 35 A.L.R.3d 487

Facts

The Roznys purchased a property based on a faulty survey prepared by Marnul for a builder. The survey inaccurately depicted the property boundaries, leading to encroachments when the Roznys constructed a garage. Marnul had issued a location plat with an 'absolute guarantee for accuracy' but failed to inform the Roznys or the lending institution of a corrected survey he later prepared. The Roznys only discovered the inaccuracies two years before the trial.

The Roznys purchased a property based on a faulty survey prepared by Marnul for a builder. The survey inaccurately depicted the property boundaries, leading to encroachments when the Roznys constructed a garage. Marnul had issued a location plat with an 'absolute guarantee for accuracy' but failed to inform the Roznys or the lending institution of a corrected survey he later prepared. The Roznys only discovered the inaccuracies two years before the trial.

Issue

Is a surveyor liable for tortious misrepresentation to a party who was not the direct client for whom the survey was prepared?

Is a surveyor liable for tortious misrepresentation to a party who was not the direct client for whom the survey was prepared?

Rule

A surveyor can be held liable for tortious misrepresentation to third parties if the survey contains an express guarantee of accuracy and the surveyor knows that the survey will be relied upon by others.

A surveyor can be held liable for tortious misrepresentation to third parties if the survey contains an express guarantee of accuracy and the surveyor knows that the survey will be relied upon by others.

Analysis

The court found that Marnul's express guarantee of accuracy on the survey plat, combined with his knowledge that the survey would be relied upon by third parties, established a duty of care. The court emphasized that the potential liability was limited to a small group of foreseeable users, which included the Roznys, and that it was undesirable to place the burden of the surveyor's mistakes on innocent parties.

The court found that Marnul's express guarantee of accuracy on the survey plat, combined with his knowledge that the survey would be relied upon by third parties, established a duty of care. The court emphasized that the potential liability was limited to a small group of foreseeable users, which included the Roznys, and that it was undesirable to place the burden of the surveyor's mistakes on innocent parties.

Conclusion

The Supreme Court reversed the Appellate Court's decision and affirmed the Circuit Court's judgment in favor of the Roznys, holding that Marnul was liable for the damages caused by the inaccurate survey.

The Supreme Court reversed the Appellate Court's decision and affirmed the Circuit Court's judgment in favor of the Roznys, holding that Marnul was liable for the damages caused by the inaccurate survey.

Who won?

The Roznys prevailed in the case because the court recognized their right to recover damages based on the surveyor's tortious misrepresentation.

The Roznys prevailed in the case because the court recognized their right to recover damages based on the surveyor's tortious misrepresentation.

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