RFBN’s Summary Judgment for Bank Affirmed on Appeal

RFBN partner Edward P. Freud prevailed in an appeal to the First District of the Illinois Appellate Court on behalf of a Chicago area banking client.  The plaintiff claimed that she had placed money in one of the bank’s safe deposit boxes, and that when she went to the bank to remove some of the money, it was missing.  Plaintiff’s lawsuit alleged that the bank was liable under theories of breach of contract and negligence/res ipsa loquitur.  The evidence established that there had been no tampering with or damage to the safe deposit box, and in granting the bank’s motion for summary judgment, the circuit court agreed with the bank’s arguments, and concluded that the plaintiff had failed to establish sufficient evidence in support of either theory of alleged liability.  The Circuit Court’s ruling was appealed by the plaintiff to the First District, which affirmed the summary judgment decision in favor of the bank.