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Buena Vista Loan & Savings Bank v. Bickerstaff

    Brief Fact Summary.

    Buena Vista Loan and Savings Bank appealed his denial of summary judgment when they were sued for breach of a bailor-bailee relationship.

    Synopsis of Rule of Law.

    A bank is required to exercise ordinary care to a customer because the relationship is one of bailor and bailee.

    Facts.

    Bickerstaff rented a safe deposit box from Buena Vista Loan & Savings Bank (Buena Vista) and sued for breach of bailor-bailee relationship when money went missing from the safe deposit box. The court denied Buena Vista’s motion for summary judgment and Buena Vista appealed.

    Issue.

    Whether a bank is required to exercise ordinary care to a customer?

    Held.

    Yes. The judgment of the trial court is affirmed.

    Discussion.

    Once a customer has proven loss, a bank is required to exercise ordinary care.


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