Pryor v. Nelson Shelton & Assocs.
Plaintiff, William M. Pryor, appeals from a judgment following a trial court’s order sustaining a demurrer without leave to amend. Plaintiff sued defendant, Nelson Shelton & Associates, for contract and implied covenant breach and negligence. On appeal, plaintiff argues he has pled a claim for fiduciary duty breach even though the individual counts are denominated otherwise. Plaintiff alleges defendant was aware one of its agents engaged in fraudulent activity but failed to notify him which caused him harm. Defendant demurred, arguing plaintiff’s claim was barred as the statute of limitations elapsed. Defendant argued plaintiff knew of the agent’s fraudulent activity by 2006 but did not file his lawsuit until 2011, after the four-year statute of limitations. Plaintiff alleges he did not learn defendant knew of its agent’s fraud until 2008. We reverse the order and remand.
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