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.