Miller v. Dept. of Environmental Conservation

An oyster farmer closed his farm after dozens of people became sick from eating his oysters. He sued the state Department of Environmental Conservation, alleging that the agency negligently informed him that the site of his farm was suitable for shellfish farming. The superior court granted summary judgment for the agency, concluding that the farmer’s misrepresentation claim was barred by state sovereign immunity. The farmer argued on appeal that the agency’s sovereign immunity defense was inapplicable because his complaint alleged a claim of negligence, not negligent misrepresentation. After review, the Supreme Court found the allegations in the farmer’s complaint supported only a negligent misrepresentation claim. Therefore, the Court affirmed the superior court's order granting summary judgment to the agency. View "Miller v. Dept. of Environmental Conservation" on Justia Law