Delta School of Commerce
suit against Delta, because Wood said Delta induced her into
taking a course in nursing by making false representations that
the court would lead her to a position of employment similar to
that of a licensed practical nurse (LPN).
found in favor of Wood and assessed compensatory damages of
$3,064.00 and punitive damages of $ 50,000.00 against Delta and
court entered judgment accordingly. From this order, Delta and
We find no
error and affirm.
article about become a nursing assistant.
with Delta President
McCray if nursing assistant was the same as a nurses aide.
alleged, that McCray said they are phasing out the LPNs in
Arkansas, and nurses assistant will be taking the place of the
You will not
get rich being a nursing assistant, but the pay would be
after completing 7 months of a 8 or 9 month program, because she
discovered she was studying to become a nurses aide.
nursing assistants and LPNs are quite different.
Denied The phasing out statement
acknowledged an awareness of the issue by stating that "the
question that keeps coming up, whether or not LPN's are being
phased out, I've heard before.
Representations were expressions of opinion and predictions of
Opinion General Rule Good faith is okay
an expression of opinion, i.e., a statement concerning a matter
not susceptible of accurate knowledge, cannot furnish the basis
for a cause of action for deceit or fraud.
Opinion Rule know to be false is actionable
expression of opinion that is false and known to be
false at the time it is made is
rule only applies where the person expressing his or her opinion
does so in good faith.
well will make money and will pump 50 barrels a day.
This is a
In this case
statements made by McCray to Wood that "they are phasing out the
LPNs in the State of Arkansas, so the nursing assistants will be
taking the place of the LPNs" and that "she would not get rich
as a nursing assistant but that the pay would compare to that of
Were representations of fact, not expressions of opinion.
loose general statements made by sellers in commending their
products which we found to be expressions of opinion in Grendell
statements made by McCray were
specific and definite.
of opinion which are false and known to be false when made are
reasonably could have concluded that the statement made by
McCray were false that he knew them to be false at the time he