Gerald M. Moore and Son, Inc. v. Drewry, 94-2024
| Decision Date | 22 April 1996 |
| Docket Number | No. 94-2024,94-2024 |
| Citation | 81 F.3d 514 |
| Parties | GERALD M. MOORE AND SON, INCORPORATED, Plaintiff-Appellee, v. Joseph S. DREWRY, Jr., Defendant-Appellant, and Drewry and Associates, Incorporated, Defendant. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Tommy E. Miller, Magistrate Judge. (CA-93-1118-N)
ARGUED: Brian Nelson Casey, Taylor & Walker, P.C., Norfolk, Virginia, for Appellant. John Stephen Wilson, Willcox & Savage, P.C., Norfolk, Virginia, for Appellee. ON BRIEF: Walter D. Kelly, Jr., Willcox & Savage, P.C., Norfolk, Virginia, for Appellee.
Before MURNAGHAN, WILLIAMS, and MOTZ, Circuit Judges.
Reversed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge WILLIAMS and Judge MOTZ joined.
Joseph S. Drewry, Jr. (Drewry) was president of Drewry and Associates, Inc. (D & A), which entered a contract with Gerald M. Moore & Son, Inc. One question presented was whether Drewry, as president of D & A and the engineer who performed the work called for, was liable for the purely economic losses resulting from the negligent performance of the contract.
The question was certified to the Supreme Court of Virginia which held that "in the absence of privity, a person cannot be held liable for economic loss damages caused by his negligent performance of a contract." Hence "the certified question was answered in the negative."
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Moore & Son, Inc. v. Drewry & Associates, Inc.
...individually liable under the economic loss doctrine and issued its mandate on May 15, 1996. Gerald M. Moore & Son, Inc. v. Drewry and Drewry & Assoc., Inc., 81 F.3d 514 (4th Cir.1996). As Drewry did not post a supersedeas bond to prevent collection of the judgment, Moore executed upon the ......