Does the exception to the tort of misrepresentation or deceit apply to a claim for personal injury?

The only case the families cite in which our court refused to apply the exception to a claim for personal injury is Ramirez v. United States , 567 F.2d 854 (9th Cir. 1977) (en banc). In that case, we held that the exception did not bar a claim of medical malpractice based upon a surgeons negligent failure to warn his patient of certain surgical risks. Id. at 856. We explained that the exception was reserved for torts representing a "distinct cause of action" for misrepresentation or deceit, rather than for claims of ordinary negligence that might involve "misrepresentation" in some colloquial sense. See id. (internal quotation marks omitted). We opined that the exception must not be interpreted so broadly as to swallow claims by "the victim of negligent conduct [and] not of an esoteric form of misrepresentation." Id. at 857.