March 15th, 2017
Petitioner appeals the order granting summary judgment in favor of respondent realtors and real estate company. Petitioner, on behalf of decedent, sued respondents for breach of contract, breach of fiduciary duty, and constructive fraud in a real estate transaction handled by respondents. Petitioner alleged that respondents coerced decedent into selling his mineral rights with the surface rights to a 60-acre parcel of land in Preston County against decedent’s wishes. The decedent, age 85, died three days after the closing with bronchopneumonia as cause of death, with probable Alzheimer’s dementia a contributing factor.
